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(영문) 창원지방법원 2016.04.06 2016재노6
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and two months and by a fine of two thousand won.

3. The defendant is above.

Reasons

The summary of the grounds for appeal (the imprisonment of two years and six months, and the fine of two million won) of the lower court is too unreasonable.

2. In the trial of the court, the prosecutor applied "Special Assaults" to "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "Special Assaults"; "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "Special Assaults"; "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act" to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" to "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "Special Assaults"; Article 260 (1) of the Criminal Act to "No more than 261 of the Criminal Act and Article 260 (2) 1 of the Criminal Act to the court of the judgment below to change the relation with each of the above crimes."

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts of the crime and the evidence admitted by this court is as follows: [2014 high order 543] The summary of the facts of the crime of the case is as follows: "2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), Violation of the Punishment of Violences, etc. Act (a crime such as a group, deadly weapon, etc.) and damage to property" as "2. Special bodily injury, special violence, and damage to property"; and "the summary of the evidence" as stated in "the summary of the evidence" as stated in each corresponding column of the judgment of the court below, except for the addition of "the witness Q and M in the third trial protocol of the trial of the court of the first instance prior to the commencement of the retrial" as stated in Article 369 of the Criminal Procedure Act.

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