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(영문) 대구지방법원 2013.04.18 2013노229
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)교사
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. Summary of grounds for appeal;

A. In light of the circumstances, consequences, etc. of the instant crime committed by the prosecutor, the sentence imposed by the lower court (two years of imprisonment) is too unfunied and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

The prosecutor added "Article 30 of the Criminal Act" to the applicable provisions of the law in the trial for the prosecution, and applied for the amendment of the indictment with regard to each of the changes as stated in the "criminal facts" as stated in the facts charged, and since this court permitted it, the judgment of the court below was no longer maintained.

3. As such, the court below's decision is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act without any need to judge the grounds for ex officio reversal, and it is again decided as follows through pleading.

Criminal facts

On August 2002, the Defendant got an assault from the victim I (the age of 50) and got an injury to the victim. On August 201, 2010, the Defendant, at the drinking house located in the Cheongdo-gun, Cheongnam-do, Cheongnam-do, Cheongnam-do, performed drinking together with K, and talked about K with talking about the victim from other customers.

At that time, the Defendant accepted the proposal from K, “I am in my own name, I am in my hand, I am in my hands, I am in my hand, and I am in my hands.” On April 201, K accepted the proposal, “I am in my own way to reduce the amount of KRW 30 million,” and “I am in my own way to reduce the amount of KRW 1,000,000,000,000,000,000,000,000,000 won.”

Since then L is operated by P, which is the wife of the victim in the Cheongdo-gun, Cheongdo-gun around 00:50 on July 22, 2011, with M and N.

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