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(영문) 수원지방법원 2016.06.24 2015노7679
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court’s sentence (a year and six months of imprisonment, a suspended sentence of three years, a observation of protection, and confiscation of items 1 and 2 of the evidence) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

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

In the case of a trial, the prosecutor applied for permission to amend the Bill of Amendment to the Punishment of Violence, etc. Act to "Special Bodily Injury" in Article 3 (1), 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act, "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and the subject of the trial was changed by this court's permission.

Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. As for the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the victim’s knife is a female victim’s knife, and thus, the method of committing the crime is very dangerous, poor, and the criminal record of violent crimes is seven times more unfavorable.

However, the victim's injury is not very heavy, the victim's punishment is not imposed, and the crime of this case committed by contingent is closely against it.

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