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(영문) 대전고등법원 2016.04.01 2015노519
폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: Imprisonment with prison labor for a maximum of three years and two years and six months, and Defendant B: imprisonment with prison labor for a maximum of three years and two years and six months) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. An ex officio determination of the facts charged against Defendant A: “Violation of the Punishment of Violences, etc. Act (Aggravated injury to a group, deadly weapon, etc.)” under Article 3 of the Act on the Punishment of Violences, etc. (Aggravated Punishment of Violences, etc.) is “Violation of the Act on the Punishment of Violences, etc. (Aggravated Assault), Special Violence, Violation of the Punishment of Violences, etc. Act (joint property damage, etc.)” under Article 3(3)3 and 1 of the Act on the Punishment of Violences, etc. (Article 2(1), Article 257(1), 350, and 366 of the Criminal Act on the Punishment of Violences, etc. (Aggravated Assault, etc.), and Article 6(1)1 of the former Punishment of Violences, etc. (amended by Act No. 1378, Jan. 6, 2016; hereinafter the same shall apply).”

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