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(영문) 창원지방법원 2015.01.29 2014노2707
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The instant crime was committed on or around April 10, 2014 by the Defendant, upon receiving a report of assault at an entertainment drinking house and taking a bath to the police officer H, etc., and threatening the police officer to gather dangerous things, and interfere with the legitimate performance of duties by the police officer regarding the arrest of a flagrant offender, etc. by taking a dangerous object into custody, which is a dangerous object, in the process, according to the face of the victim D who was next to the steel donor, and was in need of approximately two weeks of medical treatment. On or around August 10, 2014, the instant crime was committed against the Defendant’s trucking the victim K, which was a dangerous object that had been kept in custody of the cargo tank, and threatening the victim K to commit an act of assaulting the victim to the extent that it could not be subject to criminal punishment for nine hours by taking the dangerous object that the victim had been subject to criminal punishment for the said act of assault, etc., and by committing an act of assaulting the victim to the victim for nine hours, etc.

However, it shows the attitude of the defendant to recognize and take responsibility for his mistake from the beginning, that the defendant's wife actively agreed with the victim D, K and the defendant's wife for the defendant, that the defendant's wife complained of the defendant's wife, that the police officer deposited money for the recovery of damage caused by H, that the victim D and K were not much serious, that the defendant did not have a criminal record of suspended execution or more, that the defendant was sufficiently against the defendant's living in custody for about five months, and that the defendant is sufficiently opposed.

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