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(영문) 대구지방법원 2015.09.03 2015노2873

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year and six-month imprisonment) of the lower court against the Defendant is too heavy or unreasonable.

2. The Defendant recognized each of the crimes of this case, and against the mistake, and the Defendant was married with Vietnam women against the victim, but eventually divorced, and the victim was able to have been able to commit each of the crimes of this case in a contingent state of drinking, and there are parts to be considered in the circumstance, and the fact that the victim and the family members of the Defendant want to take the Defendant’s preference against the Defendant is favorable to the Defendant.

On the other hand, each of the crimes of this case committed each of the crimes of this case is committed against the defendant, who is his father, or who committed a knife with knife with knife with knife with knife with knife with knife with knife, which is extremely poor quality of the crime, and the defendant already committed each of the crimes of this case without being opposed to the fact that he had been punished for two suspended execution due to the crime of injuring the victim or murdering the victim, and in particular, committed the crime of paragraph (1)

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) The mitigated element of crime in violation of the Punishment of Violences, etc. Act (Determination of type) (the determination of types) shall be type 1 (Special Bodily Injury, Bodily Injury, Bodily Injury): The mitigated element: the victim who is still in existence and the victim who is vulnerable to the crime (the range of recommending punishment) who is vulnerable to the crime in cases of violation of the Punishment of Violence, etc. Act (the determination of types): Three years to five years; and

(b)an injury resulting from continued existence (determination of type);