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(영문) 수원지방법원 2014.11.24 2014노5713
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Part of the violation of the Punishment of Minor Offenses Act is reversed.

The defendant is against the crime of violation of the Punishment of Minor Offenses Act.

Reasons

1. The summary of the grounds for appeal (excluding a fine of 300,000 won for a violation of the Punishment of Minor Offenses Act and a violation of the Punishment of Minor Offenses Act (hereinafter referred to as “injury, etc.”) is the lower court’s punishment

(i)one year of imprisonment for the purpose of this Act is so unreasonable that it is too unreasonable.

2. Determination

A. The lower court, ex officio, decided on the charge of violation of the Punishment of Minor Offenses Act among the facts charged in the instant case, sentenced to a fine of KRW 300,000,000 after choosing a fine for violation of the Act.

However, the statutory penalty under Article 3 (3) 1 of the Punishment of Minor Offenses Act is a fine not exceeding KRW 600,000,00,000, detention, or a minor fine, and in case of selecting a fine and reducing mental illness, the applicable sentence is a fine not exceeding KRW 1,50,00,000, inasmuch as the applicable sentence is a fine not exceeding KRW 1,50,000,000

B. Of the judgment of the court below regarding the grounds for appeal against the crime of injury, etc., the part of the judgment of the court below on the violation of the Punishment of Minor Offenses Act is reversed ex officio. However, the part on the crime of injury, etc. for which imprisonment with prison labor is imposed is separately treated in litigation and is not within the scope of reversal

The crime of this part is committed by the defendant in the shape of the victim D, carrying a knife and assault the victim F with his knife, assaulting the victim E head due to stick, which requires the strict punishment of the defendant due to very dangerous danger to the content of the crime and the method of the crime. The defendant has more than 10 criminal records due to violence and there are two criminal records among them. The defendant committed this part of the crime during the suspension of execution, even though he was sentenced to imprisonment on September 6, 2013 by threatening others, and two years of suspension of execution, even though he was sentenced to imprisonment on September 6, 2013, the defendant committed this part of the crime during the suspension of execution, and all of the criminal records and arguments of this case, such as the defendant's age, character and behavior, environment, background and result of the crime, the circumstances after the crime, etc., are in mind contrary to

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