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(영문) 대전고등법원 (청주) 2016.02.04 2015노158
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized knife knife (No. 2) shall be confiscated.

Reasons

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

2. Prior to the judgment on the Defendant’s argument on the grounds of appeal ex officio, prior to the judgment on the grounds of appeal, the prosecutor examined the Defendant’s appeal ex officio, and the prosecutor applied the name of the crime of bodily injury carrying a deadly weapon among the facts charged in the instant case from “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “special injury”, and the applicable legal provision to “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” to “Article 258-2(1) and Article 257(1) of the Criminal Act” to “Article 258-2(1) of the Criminal Act and Article 257(1) of the same Act, and the judgment of the court below cannot be maintained any longer.”

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without making a decision as to the defendant's improper sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence admitted by this court are as follows: (a) except for the alteration of “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” to “3. Special Bodily Injury” as indicated in the judgment below, the facts constituting an offense as indicated in the judgment of the court below are as stated in the corresponding column; (b) thereby, they are cited as

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the crime (the point of injury), Articles 254, 250(1) (the point of attempted murder) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 258-2(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of special injury) of the Road Traffic Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (to between murdering attempts), respectively.

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