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(영문) 인천지방법원 2014.06.13 2014노633
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

(2).

Reasons

1. The main point of the grounds for appeal is that the sentence against the Defendants is too unhued and unfair.

2. Determination

A. In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the above defendant was sentenced to a fine and a suspended sentence of imprisonment for the same kind of crime, the sentence against the above defendant is too uneasible and unfair.

B. In full view of all the sentencing conditions shown in Defendant A’s records and arguments, and the fact that the above Defendant did not have the same criminal record and agreed with the victims, the lower court’s punishment against the above Defendant is too uncomfortable and unfair.

3. In conclusion, the prosecutor's appeal against the defendant B is with merit. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal against the defendant A is judged as follows, and since the appeal against the defendant A is without merit, all of them are dismissed pursuant to

Criminal facts

The summary of the evidence and the criminal facts of the defendant B, which the court acknowledged, and the summary of the evidence, are the same as that of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor, and each choice of imprisonment with prison labor;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., factors agreed with victims);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;

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