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(영문) 부산지방법원 2014.01.09 2013노3717

상해등

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.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (two years of imprisonment) is too unreasonable.

Judgment

In light of the following facts: (a) the Defendant assaulted the victims by using the main illness, flag, etc., which is a dangerous thing; (b) the degree of injury suffered by the victims is not somewhat weak; (c) the Defendant committed the instant crime even though having been subject to criminal punishment several times due to violent crimes; (d) the Defendant committed the instant crime without being aware of the fact that he was investigated by the investigative agency after being investigated by the victim F; (c) the Defendant was investigated by the victim F in the instant case; and (d) the Defendant attempted to transfer his criminal act to H in line with L, etc.; and (e) the Defendant was investigated by the victim F in the instant case; and (e) the Defendant was submitted to the Busan District Court to the effect that the Defendant was harming the order of confinement by committing a violation of regulations, and thus, it is difficult to view that there is a serious reflectness in the criminal punishment of the instant crime.

However, in light of the following circumstances: (a) the Defendant has led to the confession of all of the instant crimes; (b) the victims and the family members of the Defendant wished to agree with the Defendant; (c) the Defendant has no record of being punished in excess of the fine prior to the instant crimes; (d) equity in sentencing with similar cases; (b) equity in sentencing; (c) the motive and circumstances leading up to the instant crimes; (d) the circumstances after the instant crimes; (e) the Defendant’s age, character and conduct, and environment; and (e) various circumstances that are conditions for sentencing specified in the instant records and arguments, such as the records and arguments, the sentencing of the lower court is

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

b) the evidence;