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(영문) 창원지방법원 2014.10.02 2014노855

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 three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal asserts that the punishment of the lower court (three years of suspended execution and two hundred hours of social service in one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant carried dangerous articles and inflicted bodily injury on the victim, and the nature of the crime is not weak, and the defendant has been punished several times due to the same kind of crime.

However, in full view of the following circumstances: (a) the victim did not want the punishment of the defendant; (b) there is a family member to support the defendant; and (c) the fact that the defendant is against his fault, etc., considering the defendant’s age, character and conduct, environment, motive and background of the crime; (d) the motive, method and method of the crime; and (e) the circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

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;

2. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account circumstances, etc. favorable to the accused, which are incurred in the grounds for reversal);

3. Suspension of execution under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances, etc. for the defendant incurred in the grounds for reversal);

4. Social service order under Article 62-2 of the Criminal Act;