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(영문) 수원지방법원 2014.10.16 2014노4716

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Although the crime of this case constitutes a reason for imposing unfavorable punishment, such as the fact that the defendant possessed excessive excess goods, which are dangerous objects, and inflicted injury on the victim, and the nature of the crime is heavy, considering various circumstances, including the fact that the defendant led to a confession of the crime of this case and is in depth divided into his mistake, that the defendant committed the crime of this case for about two months, that the defendant was living in prison for about two months as a result of the crime of this case, that the defendant reached an agreement with the victim during the trial, that the defendant did not have any record of being sentenced to a fine or heavier punishment, the sentence imposed by the court below is unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is as stated in each corresponding column of the judgment of the court below, except for the addition of the "1. Defendant's trial statement" to the summary of the evidence of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;