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(영문) 서울북부지방법원 2016.02.04 2015노2144
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (three years of imprisonment and confiscation) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor applied for changes in the name of the crime against the defendant and the provisions of the applicable law in the trial court, and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Under Article 48(1)1 of the Confiscation Criminal Act, the defendant was already punished several times for the same crime as the crime of this case, and the crime of this case was committed by the victim E (71 years old) from the defendant at the time and place on which the crime of this case was stated in the judgment of the court below, but the victim E (71 years old) borrowed 10,690 won from the defendant at the same time and at the same place, the victim E (71 years old) borrowed 10,000 won from the defendant, so that the defendant suffered from all kinds of diseases, such as cerebrovassis after cerebrovassis, cerebrssis, salute, malute, non-male, and malute, and there is no record of punishment for more severe punishment than fine (12,000 mal.).

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