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(영문) 대구지방법원 2016.04.07 2016노34
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal, the prosecutor examined the case ex officio, and the prosecutor applied for the amendment of the indictment to the effect that “the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the name of the defendant in the case of the defendant is “special injury” and “Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act” under the applicable law is “Article 258-2(1) and Article 2(1)3 of the Criminal Act,” respectively, and since this court permitted it, the judgment below was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, 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 recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The reason for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts is that the Defendant is disadvantageous to the Defendant, inasmuch as he/she had a record of having been sentenced 14 times or more to violent crimes and has been sentenced to punishment due to violent crimes, he/she gets the head of the victim due to his/her illness, and the Defendant did not endeavor to recover damage.

On the other hand, the defendant appears to have committed the crime of this case in contingency, and the corresponding provision of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) was deleted by the amendment of the Act, and the defendant was punished as a special injury under the minor Criminal Act through the amendment of the Act.

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