logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.11 2016노692
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)교사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the defendant's appeal ex officio, and in accordance with the purport of the judgment of remand by this court, the prosecutor applied the name of the crime to "Aggravated Injury Teachers" in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the applicable provisions to "Article 3 (1), Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1), and Article 31 (1) of the Criminal Act," respectively, "Article 258-2 (1), Article 257 (1), and Article 31 (1) of the Criminal Act" were applied for changes to "Article 258-2 (1), Article 257 (1), and Article 31 (1) of the Criminal Act, and the judgment of the court below was changed to that effect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is ruled as follows through pleading.

Criminal facts

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

Application of Statutes

1. Articles 258-2 (1), 257 (1), and 31 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the crime of this case was committed by aiding and abetting the assistants who intend to withdraw from the violent organization to inflict an injury on them, and that the crime is not good, and that the defendant has a record of being punished several times for violent crimes, which is disadvantageous to the defendant.

However, the defendant's mistake is recognized, and the victims do not want to punish the defendant, and the purport of the judgment of remanding the case and the previous penal provisions are the same.

arrow