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(영문) 수원지방법원 2016.06.02 2015노6551
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) reflects the defendant's fault in depth, the victim committed the crime of this case in a state of drunk by accident, the victim's intent not to want the punishment of the defendant after receiving 30,000,000 won from the defendant, the defendant has no record of criminal punishment except for the crime of violating the Road Traffic Act (drinking driving), and the defendant manages the indoor golf practice hall operated by his/her leader, and it is difficult for him/her to provide community service for 400 hours. In light of the above, the court below's sentence that sentenced the community service order for 5 years and 400 hours of probation is too unreasonable.

2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.

A prosecutor shall apply for the amendment of Article 258-2(1), Article 257(1), Article 278, and Article 276(1) of the Criminal Act to "Special Bodily Injury" in the name of the crime committed during the trial. "A prosecutor shall apply for the amendment of Article 3(1), Article 2(1)2, and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1), and Article 276(1) of the Criminal Act, "A prosecutor shall apply for the amendment of the Act to "Special Bodily Injury", and this Court shall permit the amendment of the Act and thus shall not maintain the judgment below.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal of the judgment of the court below, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are as follows: "A violation of the punishment rate on punishment of violence, etc. (collectively deadly weapons, etc.)" in the criminal facts is as "1. Special Confinement" and "2."

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