logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.02.05 2015노5060
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.

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

Reasons

1. The sentence imposed by the lower court (one year and ten months) on the gist of the grounds of appeal is too unreasonable.

2. In the trial of the court, the prosecutor's ex officio determination of the crime against the defendant, "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special injury"; "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" as "special confinement"; "Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.)" as "special coercion"; and "Article 258-2 (1), 257 (1) of the Criminal Act", "Article 278, 276 (1) of the Criminal Act", "Article 278, 276 (2) of the Criminal Act", and "Article 324 (1) of the Criminal Act," and "Article 324 (1) of the Criminal Act were amended by this court to grant permission. Therefore, the judgment of the court below is no longer maintained in this regard.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 258-2(1), 257(1), and 30 (a) of the Criminal Act concerning criminal facts; Articles 278, 276(1), and 30 (a) of the Criminal Act; 278, and 276(1), and 30 (a) of the Criminal Act; 324(2), (1), and 30 (a) of the Criminal Act concerning criminal facts; hereinafter “special coercion”);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is examined, and the crime of this case is deemed as bad and the degree of damage is not weak. However, the defendant recognized all the facts charged in this case.

arrow