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(영문) 춘천지방법원 강릉지원 2012.09.11 2012노184
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

The seized kitchen shall be confiscated by one kitchen (No. 1).

Reasons

Summary of Grounds for Appeal

The sentencing of the court below is too unreasonable.

Judgment

Considering various sentencing conditions, including the fact that the defendant agreed with the victims, the degree of injury suffered by the victim H is not serious, the sentence imposed by the court below is unreasonable.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court 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)1 of the Punishment of Violences, etc. Act on the Punishment of Criminal Crimes; Article 260(1) of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1)3 of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the defendant in the previous case);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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