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(영문) 대전지방법원 2015.10.16 2015노934
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

except that this shall not apply.

Reasons

1. The sentencing of the court below (the sentencing of the defendant A: one year and six months of imprisonment; three years of probation; three years of probation; one year of imprisonment; three years of probation; three years of probation; three years of probation; three years of probation; three years of probation) is too unfunied and unfair.

2. An ex officio determination prosecutor requested that the name of the crime be "special assault" from "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" to "special assault"; "Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" be "special intimidation"; "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act" and "Article 260 (1) of the Criminal Act" be "Articles 261 and 260 (1) of the Criminal Act"; "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act" and "Article 283 (1) of the Criminal Act" be changed to "Article 284 and Article 283 (1) of the Criminal Act"; the judgment of the court below is no longer maintained as it changed to the amendment of the indictment by permitting the amendment of the above Act.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, on the ground of ex officio reversal, and the following decision is delivered after oral argument.

Criminal facts

The summary of the judgment of the court below is as follows: (a) the violation of the Punishment of Violence, etc. Act (collectively weapon, etc.) in Part 14 of the judgment of the court below (collectively weapon, etc.) shall be deemed to be a special assault; and (b) the violation of the Punishment of Violence, etc. Act (collectively weapon, etc.) in Part 6 of the third part shall be deemed to be a special assault; and (c) the violation of the Punishment of Violence, etc. Act (collectively

Application of Statutes

1. Articles 261, 260 (1), and 30 (a) of the Criminal Act as to the facts constituting an offense, Articles 284, 283 (1), and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade shall be applied to W.

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