(영문) 수원지방법원 2014.06.05 2014노1704 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2014.06.05 2014노1704

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below that maintained the grounds for appeal is too unreasonable;

2. The following should be taken into account: (a) the Defendant led to the confession and reflect of all the instant crimes; (b) the Defendant agreed with the Victim K of the Damage with Dangerous Weapons; and (c) the Victim K wanted to take the Defendant’s wife against the Defendant; and (d) agreed with the Victim F.

However, the injury by carrying a deadly weapon in this case was committed against the victim who was in an internal relationship with the defendant, and was refused to take action, using gas sprayers, electric shock machines, etc., and led the victim to the suppression of the victim, which is very heavy, and the defendant has been punished for the same crime several times. One of them is against other women who were in an internal relationship, and the other is against the above victim. The fact that the injury by carrying a deadly weapon in this case constitutes an offense falling under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act, and the statutory punishment is imprisonment with prison labor for more than three years. Even if mitigation is made after mitigation of mental or physical disability, considering the various circumstances, including the fact that the shortest punishment of the above crime falls under nine months of imprisonment with prison labor and the age environment of the defendant, the defendant's assertion in the judgment below is not acceptable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the first sentence in paragraph (3) of the crime of the lower judgment in paragraph (3) of the same Article shall be corrected to add "in a state where the ability or decision-making ability to discern things is lacking for personal disorder and drugs caused thereby," and "in addition, the defendant shall be corrected to

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

-형법 제257조 제1항

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

유사 판례

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-대구지방법원 서부지원 2013.10.08 2013고단1035

-창원지방법원 2013.07.25 2013노784