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(영문) 수원지방법원 2016.06.17 2016노1859
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. According to the records of proceedings, the following facts are recognized.

A. The lower court found all of the facts charged in the instant case guilty and sentenced the Defendant to two years of imprisonment.

B. As to the lower judgment, the Defendant appealed on the grounds of mental disorder and unfair sentencing, and the trial prior to returning was rejected the Defendant’s mental disorder claim, and the lower judgment was reversed and the Defendant was sentenced to imprisonment with prison labor for a year and six months.

(c)

Article 3(1) of the Punishment of Violences, etc. Act, which was amended by Act No. 13718, Jan. 6, 2016 (hereinafter “former Punishment of Violences”), was newly established under Article 258-2 (Special Injury) of the Criminal Act, which was enforced by Act No. 13719, and Article 257(1) of the same Act provides that “When a person commits a crime under Article 257(1) or (2) by showing the power or carrying dangerous objects, he/she shall be punished by imprisonment with prison labor for not less than one year but not more than ten years,” and that “The punishment of a person who commits a crime under Article 257(1) or (3) of the former Punishment of Violences, etc. Act, which was enacted by Act No. 13718, Jan. 6, 2016 (hereinafter “former Punishment of Violences, etc.”), and thus, constitutes an aggravated punishment under Article 257(1) of the former Punishment of Violences, etc. Act, even if the specific requirements of the Punishment Act are deleted.

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