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(영문) 대전지방법원 2015.12.10 2015노2953
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed each of the instant crimes even though he/she had been punished several times due to violent crimes, and the Defendant inflicted injury upon the victim E by beer and beer disease, and the risk of committing the crime was grave.

However, there are extenuating circumstances, such as the defendant's mistake and the fact that the defendant seems to have committed each of the crimes of this case by contingency, the victims did not want punishment against the defendant, the living together with his/her family members want to take into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, and the range of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for each of the crimes of this case is three years from one year and six months in prison, and the first crime is classified as violence crime group, habitual injury, repeated injury, injury, special injury type 1 (Habitual injury, special injury and special injury), special appearance person, decision on the recommended area, the range of recommended sentence (16 to two years), general violence group, general injury type, general injury type, motive, means and consequence of suspended sentence (1 to six years in prison), the main reason for suspended sentence (1 to six years in prison punishment), the main reason for suspended sentence (1 to one year in prison punishment), the main reason for suspended sentence (1 to six years in prison punishment).

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 following judgment is rendered again after pleading.

Criminal facts

(b).

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