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(영문) 수원지방법원 2015.11.12 2015노4956
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 eight months.

Reasons

1. Summary of grounds for appeal;

A. Regarding the violation of the Punishment of Violence, etc. Act (a collective action, deadly weapons, etc.) against the victim G among the facts charged in the instant case of mistake of facts, the Defendant only knife a knife knife knife knife knife and knife knife knife knife that knife knife knife knif

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the case in question, and the prosecutor applied for changes in indictment with respect to the name of the crime in this case and the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) as "special intimidation", and the applicable provisions of Articles 3(1), 2(1)1, and 283(1) of the Punishment of Violences, etc. Act as "Article 284 of the Criminal Act and Article 283(1) of the Criminal Act" as "Article 283 of the Criminal Act and Article 283(1) of the Criminal Act" among the applicable provisions of Articles 3(1),

[In addition, the crime of violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) is punished by imprisonment with prison labor for not less than three years pursuant to Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act. Thus, in order for the court below to sentence a punishment less than three years against the defendant, it should have obtained discretionary mitigation, etc. In order for the court below to sentence a punishment less than three years. Since the court below sentenced the above lower court to a punishment less than three years without such discretionary mitigation, the court below cannot escape from reversal of the court below in this regard. However, despite the existence of the above reasons for reversal of authority, the above ground for misunderstanding of facts by the defendant

B. The lower court duly adopted and investigated the allegation of mistake of facts.

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