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(영문) 수원지방법원 2016.05.03 2016노1763
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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.

Jinnaf 1 Jinnaf .

Reasons

1. Summary of grounds for appeal;

A. (1) Although the Defendant, who was physically and mentally weak, was under the influence of alcohol at the time of committing a special injury on March 21, 2015, the lower court erred by misapprehending his/her legal doctrine.

(2) In light of the following: (a) the illegal criminal defendant committed the instant crime while drinking alcohol and contingently; (b) the victims expressed their intention not to have the criminal defendant punished; (c) the degree of damage is relatively minor; and (d) when the judgment of sentence of imprisonment is final and conclusive, the suspended sentence of imprisonment with prison labor, which was sentenced before the instant crime, should be invalidated; and (b) the sentence of imprisonment with prison labor for two years should be imposed concurrently; and (c) the sentence of imprisonment with prison labor for one year and six months

B. In light of the following: (a) the instant crime committed by the prosecutor (unfair sentencing) was committed by the Defendant on several occasions on the grounds that the Defendant was dead, and was committed by assaulting or injuring the victims on several occasions; (b) the Defendant was sentenced to imprisonment for two years due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and committed the same kind of crime during the period of suspended execution, the lower court’s sentence is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A prosecutor shall apply for the modification of the bill of amendment to the Criminal Act to "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" in the applicable law to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" in the name of the crime committed in the first instance, and the court applied for the modification of the bill of amendment to the bill of amendment to "Article 258-2 (1) and Article 257 (1) of the Criminal Act", and the judgment of the court below that found the defendant guilty of the remaining criminal facts in the substantive concurrent crimes under the former part of Article 37 of the Criminal Act and that one sentence is not maintained.

(b) Defense counsel;

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