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(영문) 광주지방법원 2015.11.04 2015노2119
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

A seized knife shall be confiscated.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (four years of imprisonment, confiscation) is too unreasonable.

2. The judgment of the court below committed each of the crimes of this case again during the period of repeated crime even though the defendant was sentenced to punishment for the same kind of violent crime such as robbery in 2002 and 6 years of imprisonment with prison labor for robbery in 2009 and 4 years of imprisonment with prison labor for robbery in 2009, etc., and committed again during the period of repeated crime. The circumstances and methods of the crime of this case against the victim D are very similar to the crime of punishment in 2002 and 2009, and the fact that the victim D did not reach an agreement with the victim was unfavorable or unfavorable. On the other hand, the fact that the defendant recognized his mistake and reflects it, the fact that the defendant agreed with the victim G, five million won of deposit for the victim D in the court below, is favorable. In full view of the circumstances of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and environment, etc., the above defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

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

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the occupation of using a lost credit card and the choice of imprisonment) concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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