logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.05.20 2015노2003
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 this judgment.

Reasons

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

2. We examine ex officio the prosecutor’s decision on the grounds of unfair appeal for sentencing.

For special reasons, the prosecutor applied for the amendment of indictment to Article 258-2(1) and Article 257(1) of the Criminal Act.

This court allowed changes in the bill of amendment to the indictment and became different.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

The judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows:

Criminal facts

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

Application of Statutes

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 applied to cases where a person commits a crime by carrying dangerous articles in the military in the context of a new establishment of Article 258-2(1) and 257(1) of the Criminal Act, with respect to a crime by carrying dangerous articles in the military in the context of a new establishment) general injury area (Article 3(1) and 2(1) of the Act on the Punishment of Violences, etc.; 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);

arrow