(영문) 서울북부지방법원 2016.02.04 2015노1551

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(영문) 서울북부지방법원 2016.02.04 2015노1551

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of suspended sentence in one and half years of imprisonment) is too uneased and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor's ex officio, the prosecutor applied for changes in the name of the crime against the defendant and the provisions of the applicable law in the trial court, and the subject of the judgment was changed by this court's permission. Thus, the judgment of the court below was no longer maintained.

3. Thus, 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 of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited 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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is against the Defendant’s depth and reflects the Defendant’s wrong recognition, and the Defendant appears to have committed the instant crime in contingency under the influence of alcohol. From July 21, 2015, from around Seoul National Hospital around July 21, 2015, the Defendant was unable to repeat the instant crime due to receiving treatment for the symptoms of an ex post facto symptoms dependent on alcohol use, etc. In addition, on December 15, 2015, the Defendant was under the procedure of treatment by suffering from injury, such as the high right kne kne, right kne, right kne-fe-fe-fe-fe-fe-fel-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-g.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

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