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(영문) 광주지방법원 2016.03.09 2016노92
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

(2) the date of this judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant, which is a dangerous object to the victim D, but the case where the victim E was injured by the victim E, who did not correspond to the victim and passed there, and the crime of this case was not light, and the victim E wishesed to punish the Defendant.

However, it does not seem that the defendant recognized his mistake and reflects, and that the defendant wanted the defendant's wife by agreement with the victim D in the trial, and that the victim's injury suffered by the victim E is not significant, and the above victim did not submit a medical certificate to the police.

The Defendant was subject to criminal punishment for the same kind of violent crime in the past several times, but the most recent criminal record was 2004 years prior to the date of the instant crime. In full view of other factors such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too unreasonable and unfair. Thus, the Defendant’s assertion is reasonable.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting a crime and evidence acknowledged by this court is as follows: (a) except for the addition of “1. Defendant’s oral statement at the trial court” to the column for the evidence of the court below’s judgment, the same as the corresponding column of the court below’s judgment (Article 369 of the Criminal Procedure Act). The application of statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 261, 260 (1) (a) and 266 (1) (a point of special assault) of the Criminal Act concerning the choice of punishment, and Article 266 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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