logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.04.08 2015노1606
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The prosecutor applied the applicable law to "special injury" as "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" to the effect that "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" change the name of the crime to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" in the trial of the party, and since this court was changed to the subject of the judgment upon permission, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as seen above.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The reason for sentencing under Article 258-2(1) of the relevant Act on Criminal facts, Article 258-2(1) of the Criminal Act, Article 257(1) of the Criminal Act, as to the crime of this case, is that the defendant has committed the crime of this case, and is committed against the defendant. For the victim, the court below deposited 3 million won at the court below, 2 million won at the court below, and the fact that the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol.

However, the defendant, who is a deadly weapon, has been displayed on the face of the victim several times, and has been injured by two weeks of care, such as cutting off the victim's entrance, etc., and has not reached an agreement with the victim, has not been good quality of the crime, and is punished by the victim.

arrow