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(영문) 춘천지방법원 강릉지원 2018.03.29 2017재노8
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

A seized kitchen shall be confiscated by one square meter (No. 1).

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the prosecutor examined ex officio the defendant's name in the trial of the court, "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special assault"; "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "damage to special property"; "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act; "Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act" as "Article 258-2 (1) and Article 257 (1) of the Criminal Act; Article 6 (1) of the Punishment of Violences, etc. Act was amended as "Article 3 (1) of the Criminal Act; Article 6 (1) of the Punishment of Violences, etc. Act; Article 6 (2) of the Criminal Act as "Article 6 (1) of the same Act; Article 6 (1) of the same Act is amended as it."

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows through pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows: (a) the part on the “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” committed by the second and second 2 pages of the judgment of the court below as “special assault”; and (b) the part on the “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” committed by the second 11-12 pages of the judgment below as “special injury

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