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인천지방법원 2013.11.28 2013노2986

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

6,000 won shall be additionally collected from the defendant.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unreasonable that the lower court’s punishment (one year of imprisonment and additional collection) is too unreasonable, and the prosecutor asserts that the said punishment is too uneased and unreasonable.

2. The judgment has a record of being sentenced to a fine several times due to the crime of injury, etc., and there is a record of being sentenced to a punishment even for the crime related to narcotics, and the defendant committed a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapons, etc.) without being aware of the crime during the suspension of execution, and the crime committed during the trial due to such crime, which committed the crime of injury in this case while the trial was in progress, is very poor.

However, in light of the fact that the defendant led to confession, the victim D, andO, the remaining crimes except the smoking of marijuana seem to have been committed by drinking alcohol, and the fact that the police officers did not actually exercise violence, the defendant's age, character and conduct, family environment, the circumstances and results leading to the crime of this case, and other various sentencing conditions shown in the records and arguments of this case, such as the circumstances before and after the crime, the punishment sentenced by the court below is somewhat unreasonable.

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 following decision is rendered

(2) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed.” Criminal facts and summary of evidence recognized by the court are identical to those stated in each corresponding column of the judgment below. Therefore, the same shall be cited pursuant

Application of Statutes

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act concerning the crime, and Article 366 of the Criminal Act concerning the destruction of and damage to property carried with a deadly weapon.