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(영문) 의정부지방법원 2016.06.24 2016노729
상해등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor, three years of probation, two years of observation of protection, and 160 hours of community service order) is too unfluened.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds of appeal by the prosecutor, among the facts charged by the defendant, "violation of the Punishment of Violences, etc. Act (Habitual coercion)" was "voluntary intimidation"; "Violation of the Punishment of Violences, etc. Act (Habitual intimidation)" was "Habitual assault"; "Violation of the Punishment of Violences, etc. Act (Habitual Violence)" was "Habitual assault"; "Article 2 (1) 2 of the Punishment of Violences, etc. Act; Article 324 of the Criminal Act" was "Article 324 of the Criminal Act; "Article 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act; Article 283 (1) of the Criminal Act was amended; Article 285 and Article 283 (1) of the Criminal Act was amended to "No more than 6 of the Criminal Act"; Article 20 (1) of the Criminal Act was amended to "no more than 6 of the Punishment of Violences Act"; Article 16 (2) of the Criminal Act.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Act and the punishment of violence, etc. committed through the selection of a punishment;

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