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(영문) 울산지방법원 2013.07.26 2013노428
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (two years of imprisonment) is too unreasonable.

(2) On the first day of the appeal, the defendant and his defense counsel did not make a separate judgment on the grounds of mental disorder since they withdrawn the argument during the appeal period). 2. In light of the attitude and risk of the crime of violation of the Punishment of Violences, etc. Act, the crime of violation of the Punishment of Violences, etc. Act, the defendant committed each of the crimes of this case again despite the fact that he had been punished several times due to the crime of violation of the Road Traffic Act, and the crime of violation of the Road Traffic Act (in fact three times, one suspended sentence), and the defendant did not have been used from the victim of the crime of violation of the Punishment of Violence, etc. Act. However, although the defendant had a dispute with the victim while drinking with the victim, and the defendant did not take advantage of the following circumstances, the defendant committed the crime of violation of the Punishment of Violences, etc. of Violences, etc. of this case by spabling the victim, and the defendant deposited KRW 200,000 for the victim of the crime of violation of the Punishment of Violence, etc. Act, and other circumstances.

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

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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