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(영문) 인천지방법원 2016.02.19 2015노4406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance of the trial by the prosecutor, the name of the defendant is "special injury", and the applicable legal provision is "Article 258-2 (1) and Article 257 (1) of the Criminal Act," and the subject of the trial is legally changed by this court's permission. Therefore, the judgment of the court below is no longer maintained in this respect.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The crime of this case on the grounds of sentencing under Articles 258-2(1) and 257(1) of the Criminal Act related to the crime of this case is an act that causes a serious risk to the life and body of the victim because the crime of this case was committed with a shoulderer disease. The defendant committed the crime of this case despite the period of suspension of execution of other crimes, and the defendant did not agree with the victim. However, the defendant recognized the crime of this case and reflects it, the defendant recognized the crime of this case, the scope of the punishment in law has been reduced due to changes in indictment at the trial, and other circumstances, such as character and behavior, environment, crime history, motive, means and consequence of the crime of this case, circumstances before and after the crime, etc., shall be determined as the sentence as per the disposition.

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