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(영문) 서울북부지방법원 2016.04.01 2015노2023
특수상해
Text

The judgment of the court below is reversed.

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

Reasons

1. The reasoning of the appeal is heavier than that of the lower court.

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

For special reasons, the prosecutor applied the provision of the law to the defendant to change the contents of the indictment to Article 258-2 (1) of the Criminal Code, and this court permitted the change to the subject of the judgment.

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

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 below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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 with respect to a crime that inflicts an injury by carrying dangerous articles, and Articles 258-2(1) and 257(1) of the Criminal Act are to apply the sentencing guidelines to a case where a person carried a dangerous article in the military of the crime of general injury in the situation where a new Article 258-2(1) and 257(1) of the Criminal Act is newly established). The aggravated area of the first type (six months to two years);

2. Where he/she commits a crime by carrying with himself/herself a deadly weapon or other dangerous object subject to special aggravation (excluding cases where the armed forces of habitual injury, repeated crime, or special injury are applied);

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