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(영문) 서울북부지방법원 2014.09.18 2014노878
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the imprisonment (three years of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The judgment is that the defendant has already been punished several times for the same crime; the defendant's act of inflicting bodily injury with a deadly weapon in this case prices the victim's head by taking advantage of the rash, which is a dangerous object, and the nature of the crime is extremely bad. However, the defendant's mistake is not sufficient to recognize the defendant's mistake and is sentenced to a suspended sentence of imprisonment or a heavier punishment for the same crime for about twenty (20) years. The judgment of the court below is just one time. The victim E of the crime of inflicting bodily injury with a deadly weapon in this case and the victim E of the crime of interference with business in this case, the victims agreed with the victim E of the crime of inflicting bodily injury in this case, and the victims did not relatively more serious damage to each of the crimes in this case. The defendant's act of inflicting bodily injury with a deadly weapon in this case appears to have committed any contingent act by the defendant, and the defendant's motive, motive, circumstance, family relation, various circumstances before and after the defendant committed each of the crimes in this case.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 3 of the Punishment of Violences, etc. Act concerning the relevant criminal facts and the selection of punishment;

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