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(영문) 광주지방법원 2013.06.12 2013노350

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: each sentence (one year and six years of suspended execution in one year and six months of imprisonment, and three years of probation) declared by the court below to the Defendants are too unhued and unreasonable.

2. The Defendants, who had been engaged in the instant crime for a long time as 1,2 persons of the central wave, assaulted the victims of the subsequent crime, and the victim K merely stated that the victim K is a knife of plastic material. However, on November 8, 2012, the police stated that “the first report at the time of the purchase was grounded in a knife with the actual knife, and if not known, it was produced to the extent that it would be misunderstanding with the knife actually.”

The defendant A was sentenced to the suspended sentence of two years on October 23, 1987 and three million won on February 5, 1993 as a result of the same crime. The defendant B was sentenced to the suspended sentence of three years on December 13, 1989, and three million won on February 5, 1993. The defendant B was sentenced to the same crime of one year and six months on April 13, 1994; the defendant was sentenced to imprisonment of one year and eight months on February 13, 198; the defendant was not sentenced to the suspended sentence of three years on April 7, 198; the defendant was not sentenced to the suspended sentence of three years on April 7, 198; the defendant A was not sentenced to the punishment of the victim; the defendant was not sentenced to the punishment of the victim; the defendant was not sentenced to the punishment of the victim; the defendant was not sentenced to the punishment of the victim and the victim; the defendant was not sentenced to the punishment of the victim; the defendant was not sentenced to the punishment of three years and nine years after the victim.