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(영문) 인천지방법원 2014.12.11 2014노3536
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. In light of the method of judgment on the crime, the background and circumstances of the crime, damage from the crime of this case, etc., although the nature of each crime of this case is extremely not high, the defendant is led to his confession, and there is no particular criminal record except for the two-time punishment of injury prior to the crime of injury, and the divorce mediation with the victim was established on October 22, 2014 and became effective on October 22, 2014 and no longer maintains marital relationship with the victim. In full view of the following factors, the defendant's age, character and behavior, family environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, etc., the court below's punishment against the defendant is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 3(1) and Article 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260(1) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1)3 of the Criminal Act; Article 257(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 283(1) of the Criminal Act

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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