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(영문) 대전지방법원 2014.12.11 2014노2613

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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

1. The sentence imposed by the lower court (two years of imprisonment) shall be too unreasonable, due to the gist of the grounds for appeal.

2. Although the Defendant, as a police official, was in a position to learn his/her children, he/she repeatedly used various dangerous articles, such as shot, knife, metal shot bars, etc., on the ground that he/she was not in his/her own mind without any particular reason, and repeatedly inflicted an injury on the victims, regardless of the purpose of education, the Defendant did not control his/her own labor and left a deep physical or mental shaking for the victims, and should be punished for severe punishment.

Furthermore, due to the nature of the police, the defendant seems to have been in an inorganic state where the victims have repeated violence for a long time, and even after committing the crime, the defendant seems to have been in an inorganic state where the victims have failed to properly request rescue from the public authority or to receive help from the public authority, and there is no counter-refluence such as criticism on the wife rather than against his own misconduct.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the defendant's punishment sentenced by the court below is somewhat heavy, and thus, the defendant's assertion of unfair sentencing is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Grounds for the Judgment of the Supreme Court】 Criminal facts against the defendant recognized by the court and summary of the evidence, and summary of the evidence