logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.02.17 2015노1171
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the court of first instance, and the prosecutor applied for the permission of modification of the indictment with regard to "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" as "special injury" among the names of the crimes against the facts charged in this case as "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since this court permitted this, the judgment of the court below cannot be maintained as it was no longer.

3. Therefore, the court below's decision is reversed, and the remaining part of the judgment below's judgment excluding the request for compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is decided as follows, without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio like

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown 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. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of damage to property and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the nature of each of the crimes of this case is not weak, that the defendant can be punished for violent crimes, and that the defendant has a record of being punished for such crimes, and that the defendant has reached the judgment and is against all of the crimes of special bodily injury.

arrow