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(영문) 서울북부지방법원 2016.09.30 2015노2236
폭행등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by one year and six months.

(2) the date of this judgment.

Reasons

1. The reasoning of the appeal is that of the lower court.

2. We examine ex officio the prosecutor’s decision on the grounds of unfair appeal for sentencing.

The prosecutor applied for the revision of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) in the name of the crime of indictment against the defendant, and the revision of the Act to Article 3(1) and Article 2(1)3 of the Act on the Punishment of Violences, etc. in the applicable law.

This court allowed changes in the bill of amendment to the indictment and became different.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

The judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows:

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act (or choice of imprisonment or imprisonment), Articles 258-2(1) and 257(1) of the Criminal Act concerning 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. A crime falling under Article 62(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the suspended sentence: The scope of the final sentence due to the aggravation of multiple crimes for which there are no types of crimes (the scope of the recommended punishment), the basic area (2 months to 10 months) of the mitigated area (one year and six months to two years), the mitigated area (the special mitigated person), the mitigated area (the scope of the recommended punishment), the basic area (2 months to 10 months), the basic area of which (the general person subject to special sentencing) (the scope of the recommended punishment): One year and six months to one year and one November:

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