logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.22 2017노3580
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment with prison labor, and ten months of short term) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant was L, and the Defendant was sentenced to an irregular sentence by falling under “juvenile” as provided by Article 2 of the Juvenile Act at the time the judgment of the lower court was rendered, but it is apparent that the Defendant was no longer a juvenile under the age of 19 in the first instance trial. As such, the lower judgment that sentenced the Defendant to an irregular sentence was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining each of the unfair sentencing arguments by the defendant and the prosecutor, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2(2)3 of the same Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act (the point of joint confinement) and each choice of imprisonment with prison labor;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are contradictory to the Defendant’s confession of each of the instant crimes, and the Defendant agreed with the victim E at the investigation stage. The victim D does not want the Defendant’s punishment, and the Defendant is the primary offender, etc. are favorable circumstances.

On the other hand, each of the crimes in this case intends to withdraw from the organization violence organization.

arrow