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(영문) 인천지방법원 2015.12.02 2015노3681
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment with prison labor for one year and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court to punish the Defendants.

2. Before making a judgment on the grounds for appeal ex officio, the Prosecutor applied for changes in the contents of “violation of the Punishment of Violence, etc. Act (collectively weapon, etc.)” among the facts charged against the Defendants in the trial of the party branch as “special assault”, “Violation of the Punishment of Violences, etc. Act (Violation of the Act on the Punishment of Violences, etc. (collectively Deadly Weapons, etc.)”, “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act” among the applicable provisions of Articles 261 and 260(1) of the Criminal Act, “Articles 3(1) and 260(1)1 of the Criminal Act, and Article 366 of the Criminal Act” as “Article 369(1) and Article 366 of the Criminal Act”, and since the court has changed the contents of the judgment below as it was subject to permission, the judgment below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and the judgment below is also reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence admitted by this court are as follows, except for the alteration of the Defendants’ violation of the Punishment of Violences, etc. Act (collectively weapons, etc., violence) and the violation of the Punishment of Violences, etc. Act (collectively weapons, etc., violence) to “special assault, damage to property causing danger and injury, etc.” under Articles 6 and 369 of the Criminal Procedure Act (collectively weapons, etc.) to “special assault, damage to

Application of Statutes

1. The Defendants: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 30 of the Criminal Act; Article 261 of the Criminal Act.

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