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(영문) 창원지방법원 2014.05.01 2014노326

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of inflicting bodily injury on the carrying of dangerous articles of this case is about two or three times the face of the victim, which is one of the dangerous objects of the defendant, and about two weeks of the victim's face, and the crime is not good in light of the method of the crime. Each of the crimes of driving without the driver's license in this case and fabrication of private documents, and the crime of uttering of the above investigation documents are driving dump truck under the influence of alcohol concentration of 0.102% even though the defendant had not acquired a driver's license so far, although the defendant did not obtain a driver's license, and the case was found to have been done as if the defendant was G, and the defendant stated his pro-Japanese personal information in the main driving report, etc., and made the case as if he was found to be G, and the defendant did not agree with the victim of the above injury in this court, and the defendant did not repeat the above crime with the victim of the crime, and the defendant was found to have been found to have been punished for 201 years of the above punishment and the above crime of uttering without the previous permit (201).

However, the circumstances favorable to the defendant, such as the confession of the defendant, the defendant's age, character, conduct and environment, and the background and result of each of the crimes in this case, which are favorable to the defendant, such as the fact that the degree of damage to the victim D of the crime in this case is not serious, the defendant is in a position to support his mother and minor children, and that the defendant has no criminal records of suspended execution or more after 2007.