(영문) 인천지방법원 2016.02.17 2015노4833 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2016.02.17 2015노4833

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. In the trial of the party, the ex officio judgment prosecutor filed an application for changes to the name of the crime against the facts charged in this case from "Violation of the Punishment of Violences, etc. Act (a collective weapon, etc.)" to "special injury", and the applicable provisions of the law to "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act", and since this court permitted this and changed to be tried, the judgment of the court below was no longer maintained.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 without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act are as follows: (a) the various conditions of sentencing specified in the records and arguments of the instant case; and (b) the criminal records and criminal records of the Defendant are identical to those of the Defendant; and (c) the Defendant committed the instant crime during the period of suspended execution; and (d) the victims

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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