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(영문) 창원지방법원 2016.01.28 2015재노34
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1 through 3 of seized evidence.

Reasons

1. The defendant asserts that the reasoning of the appeal is unfair because it is too unreasonable because of the punishment sentenced by the court below (a punishment of two years and six months, confiscation, collection 100,00 won).

2. In the first instance trial, the prosecutor’s ex officio judgment: “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “special injury”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” as “damage to special property”; “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act; and Article 257(1) of the Criminal Act” in the applicable law, “Article 258-2(1) and Article 257(1) of the Criminal Act” as “Article 3(1) and Article 257(1) of the Criminal Act, and Article 3(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act were amended to the effect that the court below’s application for permission was no longer permissible.”

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

[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court below and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). In addition to the alteration of "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury" and "Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.)" as "damage to special property" under paragraph (3) of the criminal facts of the judgment below

1. Article 260(1) of the Criminal Act applicable to the crime, Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), Articles 258-2(1), 257(1) (the point of carrying and injuring dangerous objects) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act (the dangerous object) of the Criminal Act.

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