logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.03.17 2015노828
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.

Reasons

1. With respect to the facts charged for carrying dangerous articles in the trial of the party, the prosecutor of the ex officio judgment applied the name of the crime to "special injury" from "violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)", and "Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in the applicable law 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 Criminal Act", and the court applied for the amendment of the indictment to which the above application is to be tried.

Therefore, since the judgment of the court below which determined one punishment on the whole facts charged including the above facts charged, which is premised on the name of the crime prior to the alteration and the applicable legal provisions, cannot be maintained, the judgment below is reversed, and the following is again decided after the pleading (Article 364 (6) of the Criminal Procedure Act). 2. The judgment of the court below which was reversed and again

A. The corresponding part of the judgment of the court below pursuant to Article 369 of the Criminal Procedure Act concerning the crime and summary of evidence

(b) The fact that the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes applies to a crime of carrying dangerous articles: The crime of intimidation with dangerous articles under Articles 258-2(1) and 257(1) of the Criminal Act is committed for the purpose of retaliation under Articles 284 and 283(1) of the Criminal Act: Articles 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 260(1) of the Criminal Act applies to a minor punishment through the amendment of the Act: Articles 1(2) and 8(1) of the Criminal Act; Article 3(1) and 2(1) of the Act on the Punishment, etc. of Violences, etc., which was amended by Act No. 13718, Jan. 6, 2016; Article 283(1) of the former Punishment of Violences, etc. Act shall be punished by imprisonment with prison labor for not less than 15 years or by a group of persons who committed a special violation of Article 17(2).

“ Newly established the content.”

The above amendment of the law.

arrow