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(영문) 인천지방법원 2015.04.22 2015노931

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

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

2. In full view of the various sentencing conditions shown in the records and arguments of this case as well as the fact that there is no power to commit a crime except once a fine, and that the defendant is divided into depth, the court below's punishment is too unfair, and thus, the defendant's above assertion is reasonable and the prosecutor's above assertion is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 314 (1), 366, 260 (1), and 136 (1) of the Criminal Act concerning the facts constituting an offense; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 260 (1) of the Criminal Act

1. Selection of imprisonment with prison labor for each crime of interference with business, damage to property, assault, and obstruction of performance of official duties, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1,

1. Article 62 (1) of the Criminal Act on the suspension of execution;