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(영문) 수원지방법원 2016.08.11 2015노2063
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A recognized a mistake and reflects the fact that Defendant A committed the instant crime in contingency under the influence of alcohol, the victims expressed their intent not to want the punishment of Defendant A, etc., the lower court’s sentence that sentenced Defendant A to a three-year suspended sentence of imprisonment for a period of two years is too unreasonable.

B. In light of the fact that Defendant B recognized the wrongness of Defendant B, Defendant A, first flageded, injured Defendant A with a knife and knife, and the knife and inflicted an injury on Defendant B, and expressed that A did not want the punishment of Defendant B, etc., the lower court’s sentence, which sentenced Defendant B to a suspended sentence of three years in one and half years, is too unreasonable.

(c)

The prosecutor (as to the defendant A) committed the crime of this case

In light of the fact that F’s hand floor was flicked by flicking a flick with the kitchen flick, and the fact that Defendant A brought about about about about 30 cm in length to the house and committed a crime planned by the victims on the ground that the victims were flicked in the main place, and the method of committing the crime is very dangerous, the lower court’s sentence against Defendant A is too unreasonable.

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

A prosecutor shall be deemed to be “special injury or special assault,” and the applicable legal provisions shall apply to “Article 258-2(1), Article 257(1), Articles 261, and 260(1) of the Criminal Act,” and filed an application for Amendments to Bill of Indictment, and this Court permitted this, thereby changing the subject of the trial on this part. Therefore, the judgment of the court below cannot be maintained.

3. The judgment of the court below is based on the above reasons for reversal of authority. Thus, the judgment of the court below is unfair.

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