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(영문) 인천지방법원 2016.09.09 2016노1393

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The part of conviction against Defendant A and the part against Defendant B shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment of one and half years, and Defendant B: imprisonment of six months) is too unreasonable.

2. The crime of Defendant A committed by Defendant A without any particular reason when carrying a knife the victim’s head by carrying a knife knife disease, and furthermore, the victim’s side knife was inflicted with a knife disease, in light of the circumstances of the crime, method, risk, etc. of the crime, the degree of injury to the victim is considerably poor, the victim’s degree of injury is not less weak, and the crime of Defendant B was committed by Defendant B is a crime interfering with the state’s criminal justice and requires strict punishment corresponding thereto. However, Defendant A agreed with the victim. However, Defendant A agreed that the crime was committed in the first instance, and it was late and against the victim’s mistake; Defendant B’s motive was somewhat taken into account in the motive leading to the crime; Defendant B’s age, sex, environment, motive and consequence of the crime; Defendant’s motive and consequence; Defendant B’s relation with the victim and the circumstances after the crime, etc., the court below’s sentencing is unreasonable.

3. Thus, the part of the judgment of the court below against Defendant A and the part against Defendant B among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed as the defendants' appeal is with merit, and the following is ruled again through pleading.

Criminal facts

The summary of the evidence and the summary of the facts charged by this court (the guilty part against Defendant A and the summary of the evidence) are as follows. The summary of the evidence is as follows: (a) except for deletion of Defendant B’s “Defendant B’s partial legal statement” and Defendant B’s legal statement “B,” and the summary of the evidence’s 1 through 6 and 7 through 18 are as follows: (b) the summary of the evidence is as stated in the corresponding column of the lower judgment.