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(영문) 서울중앙지방법원 2015.11.05 2015노2713
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is too uneased and unreasonable.

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

The prosecutor filed an application for changes in the indictment with regard to the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) among the facts charged in the instant case with regard to the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) as "special intimidation" from "violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.)", and the applicable provisions of the Act to "Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Criminal Act", respectively, and the subject of adjudication was changed by the court.

Therefore, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the judgment of the court below in addition to changing "1. Violation of the Punishment of Violence, etc. Act (collectively Weapons, etc.) to "1. Special Intimidation", and therefore, it shall be quoted in accordance with Article 369 (1) of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 284 and 283 (1) of the Criminal Act that choose a punishment, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (the point of inflicting bodily injury on a person who carries a deadly weapon);

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;

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