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(영문) 창원지방법원 2014.11.06 2014노1722
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 two years from the date this judgment becomes final and conclusive.

Reasons

1. The defendant asserts that the gist of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant carried dangerous articles and inflicted bodily injury on the victim, and the nature of the crime is not weak, and the defendant has been punished several times due to the same kind of crime.

However, in full view of the fact that the defendant agreed with the victim in the trial and the fact that the defendant's family members are supported by the defendant, etc. in favor of the defendant, the court below's punishment is unreasonable, taking into account the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

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

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

2. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account circumstances, etc. favorable to the accused, which are incurred in the grounds for reversal);

3. Suspension of execution under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances, etc. for the defendant incurred in the grounds for reversal);

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