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(영문) 제주지방법원 2015.12.17 2015노549

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

Part on the crime of Nos. 3 through 6 of the judgment shall be reversed.

The crimes of Articles 3 through 6 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the 1st and the 2th 2th 1st 1st 6th 1st 1st 1st 2th 2th 2th 2th 2th 2th 2th 3th 8th 2th 2th 3th

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the crimes Nos. 1 and 2 of the holding, each part of the crimes are heavy in view of the following: (a) the Defendant, while drinking alcohol, inflicted an injury on the victims who do not have any particular relationship with the Defendant; and (b) the injury was not recovered.

However, considering the following facts: (a) each of the above crimes committed by the Defendant on January 8, 2015, who was sentenced to a suspended sentence of ten months in prison by this court on October 16, 2015 and sentenced to a suspended sentence of two years on January 16, 2015, is in concurrent crimes with larceny, etc. for which the judgment became final and conclusive on January 16, 2015; and (b) the sentence of imprisonment with prison labor on any of the crimes of Articles 3 through 6 of the Criminal Act becomes null and void, the judgment of the first

Furthermore, as long as there is no new material from the trial, the sentence of the court below cannot be deemed to be too heavy or unreasonable because it is too heavy.

B. As to the crimes set forth in subparagraphs 3 through 6 of the judgment, the Defendant’s crime is heavy in view of the fact that the Defendant committed each of the above crimes during the period during which the above final judgment was suspended, and the crime set forth in Articles 4 through 6 of the judgment was not completely

However, in the case of the crime of Article 3 of the judgment, the defendant returned the key of the embezzled object box by the defendant to the victim; in the case of the crime of Articles 4 through 6 of the judgment, the sum of the credit card price that the defendant embezzled and used by the defendant is not very large of 3.7,200 won; the defendant has no record of criminal punishment heavier than a fine in addition to the above final judgment; in the case of the judgment of this case, the suspension of execution imposed by this court on January 8, 2015 becomes effective; and the defendant's age, environment; and

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