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(영문) 서울북부지방법원 2015.09.04 2015노688
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended sentence) imposed by the court below on the defendant is too uneased and unreasonable.

2. Prior to the judgment on the grounds of appeal, the Prosecutor applied for the amendment of the Act on the Punishment of Violences, etc. to "Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" (Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act "Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act" (Article 257(1) of the Criminal Act) as the "Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act" in the facts charged, "the head, arms, and buckbbbbbbbbbbbbbbs, and the name of the victim was changed to the victim's head, selling, and the victim was changed to the victim's injury requiring treatment for three weeks.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows through oral argument.

[Judgment of the court in other words] The summary of the facts charged and the evidence established by this court is to change the facts charged and the summary of the evidence to "the victim's head, arms, and bucks caused several times," in Section 4 of the judgment of the court below as "the victim's head, arms, and bucks caused injury to the victim for about three weeks of medical treatment" and the summary of the evidence in Section 4 of the judgment of the court below as "1. injury diagnosis letter;

1. Except for the addition of medical records, the judgment of the court below is the same as the corresponding column of the judgment of the court below, and it is also in accordance with Article 369 of the Criminal Procedure Act.

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