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(영문) 대구지방법원 2016.07.06 2015노4372
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence for nine months by imprisonment) is too unfased and unreasonable.

2. Before determining the grounds for appeal by the prosecutor ex officio, prior to the determination of the grounds for appeal by the prosecutor, the prosecutor applied for amendments to the indictment with the phrase "special injury" under the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) as "special injury", and the applicable provision of the corresponding part of the Act as "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act" in "Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act" as "Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act" as "the subject of the judgment by this court was changed. Therefore

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 prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Punishment of the crime

Around 02:00 on April 13, 2015, the Defendant exceeded the clothes of the Victim E (36 cm) under the influence of alcohol at the Guro-si, where the Defendant and C live together, and a person divingd by enjoying in the above C and the bend, the Defendant reported that he was able to do so, brought about the head of the victim two times, brought about her head, which is a dangerous thing in the cooling, and brought about about four times the head of the victim to the bend, and brought about about about four kitchen knife (14cm a day length) which is a dangerous thing in the kitchen, and brought about about about about knife and knife the head of the victim once in the part of the kitchen.

Accordingly, the Defendant carried dangerous things with the victim and inflicted an injury upon the victim, which requires two weeks of treatment, such as an open wound.

Summary of Evidence

The summary of the evidence recognized by this Court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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