logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.05.12 2015노530
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

1. The part of the judgment of the court below against the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Provided, That this shall not apply.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment and three years of suspended sentence) is too unfasible and unfair.

2. Prior to the judgment on the grounds of appeal, the prosecutor examined the case ex officio, and the prosecutor changed the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special assault" among the names of the crimes against the defendant against the defendant. In the applicable law, "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act, "Article 261 and Article 260 (1) of the Criminal Act," "A" in the applicable law, "No. 261 and Article 260 (1) of the Criminal Act, was applied for the permission to change the contents to the court, and the subject of the judgment was changed by this court, and the remaining criminal facts are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper sentencing, and it is so decided as follows.

【Criminal facts and the summary of evidence admitted by this court] The Criminal facts and the summary of the evidence are identical to the corresponding column of the judgment of the court below, except for the alteration of the "Violation of the Punishment of Violences, etc. Act (a collective act of violence, such as deadly weapons, etc.)" to "special assault" as the same as the corresponding column of the judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) An act of assaulting carrying dangerous objects: Articles 261 and 260 (1) of the Criminal Act (the choice of imprisonment);

B. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260(1) of the Criminal Act

C. The point of retaliation assaulting each person on February 8, 2015 and February 25, 2015: Specific crimes.

arrow