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(영문) 서울북부지방법원 2016.03.18 2015노1719
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

except that from the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. Examination ex officio prior to a judgment on the grounds for appeal by a public prosecutor on the market;

In an appellate trial, the Prosecutor filed an application for changes in the indictment with regard to the Defendant’s name of the crime (a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as “special injury under the Criminal Act”; and the applicable legal provisions “Article 3(1), 2(1)3, and Article 257(1) of the Punishment of Violences, etc. Act; and Article 257(1) of the Criminal Act” as “Article 258-2(1) and Article 257(1) of the Criminal Act” respectively; and this court approved the amendment to the indictment.

Therefore, the judgment of the court below can no longer be maintained.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment (Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act are deleted, and Articles 258-2(1) and 257(1) of the Criminal Act are newly established and Article 258-2(1) and Article 257(1) of the Criminal Act are newly established to apply the sentencing guidelines to cases where a person commits an act by carrying dangerous articles in the military of the crime of general injury.).

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