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(영문) 부산지방법원 2013.10.25 2013노2702
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (two years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. The judgment of the court below is recognized that the crime of this case was committed by the victims (the victims’ face and body from the wife) on the ground that the re-born wife did not look at his own, but attempted to report himself to the police, and that he did not harm the victims’ face and body several times by drinking and launchings, and the victim’s face and body in a knife knife, etc. in light of the criminal law and the degree of damage.

However, in light of the fact that both parties agreed with the victims during the trial, the defendant recognized all of the crimes in this case, the defendant's first offender who has no record of the crime, and other circumstances that form the conditions for sentencing, such as the defendant's age, environment, family relationship, occupation, etc., the sentence of the court below sentenced to the defendant is heavy.

Therefore, the defendant's argument is justified.

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

Criminal facts

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

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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., grounds for reversal);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the reasons for reversal);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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