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(영문) 수원지방법원 2015.12.11 2015노5119
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. According to the records of this case, prior to the judgment of the court below on the grounds of appeal by the defendant, the prosecutor applied for changes in the name of the crime of violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) in the case No. 2014Kadan248 and 646 of the court below at the trial before the judgment on the grounds of appeal by the defendant, each of the "special violence" is "special violence", and each applicable provision of law is "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" in "Article 261 and Article 261 (1) of the Criminal Act" in the charges of this case No. 2014Kadan646 of the court below as "1. A person who violated the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" and the judgment below is no longer subject to the judgment below's amendment.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows after hearing.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court are as follows: (a) the "Violation of the Punishment of Violence, etc. Act (Assault of Group, Deadly Weapons, etc.)" in Section 11 of the second part of the judgment of the court below is deemed as "1. Special Violence"; and (b) the addition of "legal statement of the defendant" in the summary column of the evidence is the same as the corresponding column of the court below, and thus, it is cited as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment), and Article 152 of the Road Traffic Act, respectively, shall apply to applicable Articles of the Criminal Act and the choice of punishment for the crime;

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