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(영문) 창원지방법원 2015.02.12 2014노2449
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Nos. 1 through 3 of seized evidence.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. The crime of this case was committed in order for the defendant to assault the victim, administered 0.03 g of Mepta 0.03 g, and damaged the households owned by the victim due to the Aluminum Alumin shot net, which is a dangerous object, and inflicted an injury in need of medical treatment for about three weeks in order for the victim, and the liability for the crime is not easy, and the defendant has the record of having been punished several times due to the violation of the Punishment of Violences, etc. Act and the violation of the Act on the Control of Narcotics, etc., and the defendant committed the crime of this case even though he was sentenced to imprisonment for 10 months due to the violation of the Act on the Control of Narcotics, etc., even though he was in the period of repeated offense. The

However, considering the following circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the mental divided disease, which the Defendant suffers from ordinary pain, appears to have affected the instant crime; and (c) the fact that the Defendant deposited KRW 1 million for the recovery of the victim’s damage after the sentence of the lower judgment, etc., the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (d) other circumstances that are conditions for the argument and the sentencing indicated in the record of the instant case, including the circumstances after the crime, it is determined that the sentence imposed by the lower court is

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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