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(영문) 대전지방법원 2015.04.16 2015노325
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (alongly unfair sentence) by the court below (two years and six months of imprisonment) is too unreasonable.

2. The instant crime is an unfavorable circumstance where the Defendant committed a crime, such as assault, deadly weapons, personal injury, damage to property, etc., against a victim who was in a de facto marital relationship for a period of one year, and the liability for such crime was considerably heavy, and the Defendant did not agree with the victim, and it appears that the damage was not recovered.

However, there are favorable circumstances that the defendant confessions all of the crimes of this case and repents his mistake in depth, that is the first offender who has no record of criminal punishment, that is difficult as North Korean defectors, and that the health of the defendant seems to be good. The scope of the recommended sentence for the crimes of this case according to the sentencing guidelines established by the Sentencing Commission, is not less than 2 years of imprisonment: violent crime group, special injury type 1, special injury type 1, special salvator(s) and the recommended range of punishment (2 to 4 years): Determination of the recommended range of punishment (2-4 years): Determination of the recommended range of punishment (2-1), determination of the recommended range of punishment (basic area), the recommended range of punishment (basic area), violence crime group, the first category of crime, the recommended area, the recommended area (general violence), the recommended area (basic guidance), the recommendation range (basic guidance range), the final sentencing range (2-10 years or more), the sentencing range and the final sentencing range (2-2 years or more), and the sentencing range (3-year sentencing range).

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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