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(영문) 부산지방법원 2017.01.12 2016노3827
폭력행위등처벌에관한법률위반(상습상해)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months, and for one year and six months, respectively.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two years and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendants had the record of being punished several times, such as being sentenced to punishment for each of the same kind of crime, and each of the crimes in this case was committed again even during the repeated crime period due to each of the same crimes. In the case of the crime at the main point of "I", Defendant B first assaulted Defendant B and induced a fighting, and in the process, Defendant B did not have the quality of the crime in light of the circumstances of the crime or the method of the crime. Defendant B continued to commit the remaining crimes after the crime was prosecuted for the above injury. Defendant B committed the crime after driving without a drinking license, Defendant B had the enforcement officer enter personal information into the same kind of crime with a false personal information and used a false friendly signature while driving the fluencing police officer, and had the police officer take the flucing police officer and the police officer dispatched to the flucing police officer, and had the police officer take a desire to commit the crime with an injury to the inmate in the detention house after the reduction, and it is found that there was an extremely poor or poor condition for the Defendants.

However, in light of the favorable circumstances, such as the fact that the Defendants were aware of all the crimes of this case when they were in the trial, and that the Defendants agreed with the victims of each crime, and other favorable circumstances, such as the Defendants’ age, sex, environment, motive and circumstance of the crime, means and consequence, and all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the crime, the punishment sentenced by the court below to the Defendants is too unreasonable.

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

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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