(영문) 울산지방법원 2015.11.20 2015노1166 | 리걸엔진

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(영문) 울산지방법원 2015.11.20 2015노1166

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment of this case to "special assault", and the applicable provisions of this case to "Articles 261 and 260 (1) of the Criminal Act". Since the subject of the judgment is changed by this court's permission, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

[C] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be cited in the summary of the evidence of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below, and thus, it is identical to the corresponding column of the court below

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The crime of this case on the grounds of the suspended sentence under Article 62(1) of the Criminal Act is committed on the grounds that the defendant found a peter victim who is the pete of sentencing and did not take his face with his hand, and assault the victim's head in favor of the dangerous goods. The method of committing the crime is very dangerous, and the victim's fesss fesssss fesss fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fess fes

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