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(영문) 수원지방법원 2014.07.10 2014노2244
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.

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

Reasons

[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

However, each of the instant offenses is found to be “E” operated by the victim D (E) with three disease containers containing plastic containers containing a dangerous object, and is found to be “E”. When the defendant was refused to request the destruction of the medical device for the defendant, the victim D’s face was rootsd into the victim D’s face and walked from the victim H (V 20 years old). On the other hand, the victim Hashed from the victim H (V 20 years old) who is an assistant nurse of the above hospital, and the victim H’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s g.

However, considering the fact that the defendant's use of dilutiond salt does not focus on the degree of injury suffered by the victims, the defendant was in a state of mental disability due to the dynamic disorder at the time of each of the crimes in this case, the court below deposited KRW 5 million with the victim D as a depositer, the defendant living in custody for six months after the exception of the period of appraisal in this case, and there is no criminal records except that the defendant was fined once in violation of the Road Traffic Act in 1972, there is no record of crime except that the defendant was sentenced to a fine for violation of the Road Traffic Act in 1972, the fact that the mistake is recognized, the fact that the defendant's health is too old and is not good due to cerebriform, and all other circumstances that are the conditions for the sentencing in this case, the sentencing of the court below is too unreasonable.

Therefore, the defendant's appeal is justified, so the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

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