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(영문) 수원지방법원 2013.05.30 2013노1117
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (one hundred months of imprisonment with prison labor, a short-term six months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the defendant was examined ex officio prior to the judgment on the grounds for appeal by the defendant, and the defendant was born on March 15, 1994 and was older than 19 years old at the time of rendering a judgment at the court of first instance, and thus, the defendant cannot be sentenced to an illegal sentence under Article 60 (1) of the Juvenile Act because he did not fall under a juvenile under Article 2 of the Juvenile Act,

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again ruled as follows, on April 24, 1990.

[Grounds for the judgment of the court] The summary of the facts constituting an offense and a summary of the evidence recognized by the court and the summary of the evidence are as follows: 1. References to criminal records, replys to criminal records, investigation reports (written judgments against a suspect and reports on attached indictments) are added to the summary of the evidence, and all of the judgment of the court below are the same as the corresponding columns of the judgment of the court below. Thus, they

Application of Statutes

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act [the violation of the Punishment of Violences, etc. Act], Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act [the violation of the Punishment of Violences, etc. Act], Article 314 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act concerning the crime;

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

1. Article 62 of the Criminal Act:

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