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(영문) 울산지방법원 2017.01.26 2016노82
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The punishment sentenced by the first and second core trials (the first core trials: imprisonment with prison labor for a year and six months, two years of suspension of execution, community service, 120 hours, and second cores: imprisonment with prison labor for a year and six months) is too unreasonable;

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court below against the defendant was rendered and the defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing with each of the above two appeals cases. Since each of the offenses committed by the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) 2 of the Criminal Act, the judgment of the court below cannot be maintained as it is.

In addition, in the trial of the court, the prosecutor applied Article 258-2(1) and Article 257(1) of the Criminal Act that "the name of the crime against the defendant (a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" as "special injury", and "Article 3(1), 2(1)3, and Article 257(1) of the Punishment of Violences, etc. Act" as "Article 258-2(1) and Article 257(1) of the Criminal Act that "The prosecutor applied for the change of each content to the court, and since this court permitted the change, the judgment of the court of first instance can no longer be maintained in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment 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) (a) of the Criminal Act for criminal facts of this Act, and Article 148-2(2)3 of the Road Traffic Act.

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