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(영문) 춘천지방법원 강릉지원 2016.01.28 2015노648
폭력행위등처벌에관한법률위반(상습상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

With respect to the criminal facts No. 1 as stated in the judgment of the court below at the trial of the party, the prosecutor shall use the name of the crime in violation of the Punishment of Violences, etc. Act (Habitual Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Injury), and the applicable provision of the law shall be construed as "Article 2 (1) 3 of the Punishment of Violences, etc. Act, Articles 257 (1), 350 (1), and 260 (1) of the Criminal Act," and "Articles 264, 257 (1), 260 (1), and 350 (1) of the Criminal Act," and since the court below's amendment of the law as stated in Articles 1 and 350 (2) of the Criminal Act, it becomes no longer possible to maintain the judgment below since it was modified by this court's permission.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Judgment used again] The Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Gangnam District Court's Gangnam Branch on February 4, 2015, and completed the execution of the sentence at the Gangnam Prison on June 7, 2015, and was sentenced to criminal punishment for 15 times in total due to violent crimes.

1. Habitual injury;

A. On June 20, 2015, the Defendant habitually assaulted the victim’s face and breast part at around 11:40 of Gangseo-si, Gangnam-si, 2787 (Seungnam-dong), on the ground that there is no brush for the victim C (Seung-dong) who was boarding the park at that park, and assaulted the victim’s face and breast part at several times.

B. On July 2, 2015, at around 21:10 on July 2, 2015, the Defendant: (a) was a victim D (57 years old) who habitually transferred a park in the “Bad tree Park” as indicated in the foregoing paragraph (a).

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