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(영문) 대전지방법원 2014.11.06 2014노2389

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by the Defendant on the ground that the Defendant was jointly committed with the victims, etc., resulting in an injury to the camping net or knife, which is a dangerous object, and the liability for the crime was considerably heavy, the injury suffered by some victims is relatively heavy, and the Defendant has been punished several times by violence, etc., and the Defendant committed the crime of this case without being able to do so even though it was under the suspension of the execution period.

However, in full view of the facts that the defendant led to the crime of this case and his mistake is divided in depth, the defendant seems to have suffered a considerable injury due to the reflective behavior of the other party, the fact that the defendant voluntarily surrenders to the investigation agency, the victims and other accomplices, and the balance of sentencing with other accomplices, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various conditions of sentencing including the defendant's age, character and conduct, motive and consequence, circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Commission: violent crime group, habitual injury, special injury resulting from repeated repeated crimes (special injury resulting from repeated injury), type 1 (special mitigation of habitual injury), special mitigation factors (the self-denunciation or internal accusation), decision on the recommended area (the area of special mitigation), majority criminal aggravated punishment (the area of recommendation from September to April: 6), the sentencing range is too unfair.

Judgment

Defendant

Since an appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts against the defendant recognized by this court and summary of the evidence shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

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