logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.25 2016노147
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

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

In the trial of the party, the prosecutor applied for permission to amend the Criminal Code to "Article 258-2 (1), Article 257 (1), and Article 35 of the Punishment of Violences, etc. Act" as "Special Bodily Injury", and Article 3 (1), Article 2 (1) 3, Article 257 (1), and Article 35 of the Criminal Code" was amended to "Article 258-2 (1), Article 257 (1), and Article 35 of the Criminal Code," and the subject of the trial was changed by this court.

Therefore, the judgment below cannot be maintained any longer.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed ex officio, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The fact that a criminal defendant took relief measures against the victim immediately after committing a contingent crime under Article 35 of the Criminal Act for aggravated repeated crime on the grounds of the sentencing of the aggravated repeated crime, reflects the criminal act, is likely to suffer from difficulties due to the defendant's long-term detention of his/her family, and the previous penal provisions are excessive, taking into account the reflect that the crime of violation of the Punishment of Violences, etc. of the former Corporation Act (a collective deadly weapon, etc.) is abolished, and the special injury under the Criminal Act of the new corporation is newly established, and the statutory punishment is lowered.

However, there are several criminal records of violent crimes, and among them, they carry dangerous objects such as this case.

arrow