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(영문) 춘천지방법원 강릉지원 2017.09.21 2017노272
폭력행위등처벌에관한법률위반(상습상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, assault against C and J.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment) is too unreasonable.

2. The prosecutor of the judgment ex officio shall apply Article 2 (3) 3 and 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act as "Article 257 (1) of the Criminal Act" and "Article 2 (3) 1 and (2) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act as "Article 260 (1) of the Criminal Act," and "Article 260 (1) of the Criminal Act," and "Article 260 (3) of the Punishment of Violences, etc. Act," as "an injury," and "violation of the Punishment of Violences, etc. Act (Habitual assault)" as "an act of violence, etc." and "an act of violation of the Punishment of Violences, etc. Act" as "an act of violence, etc." and "an act of violation of the Punishment of Violences, etc. Act as "an act of violence, etc." are amended by this court.

Therefore, the judgment of the court below is no longer maintained.

3. 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 of the court below is reversed and it is again decided as follows.

[Judgment] The defendant was sentenced to 1 year and ten months of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint injury) in the Gangwon District Court's Gangwon Branch on May 12, 2016, and on January 18, 2017, the Gwangju Prison completed the execution of the sentence, and the same crime of violence is 19 times of criminal records.

[Criminal facts]

1. On February 16, 2017, the Defendant was committing a crime at around 20:00, and the Defendant found the Defendant of the Victim F (V, 44 years old) who was aware of the usual le, while drinking alcohol in the E-state of the operation of the D market on February 16, 2017, at around 20:0, while drinking alcohol in the E-state of the operation of the D market 1st of Gangseo-si, Gangnam-si., and the Defendant’s passage to the victim of the crime of “I am bad quality, and is unable to bring in the restaurant.”

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