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(영문) 대전지방법원 2014.07.24 2014노35
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

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment, two years of suspended execution) is too unfased and unfair.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant confessions all of the instant crimes and reflects his mistake in depth; and (b) the Defendant agreed with the victim C.

However, the crime of this case is a situation unfavorable to the defendant, such as: (a) the victim C, who was living together by the defendant, has been injured by such means as drinking several times; (b) the kitchen knife the kitchen knife, etc.; and (c) the nature of the crime is not good; (d) the defendant threatened the victim C to the effect that he would not only report damage to the investigation agency after the victim was injured; (b) the victim C did not agree with G with the victim of larceny; (c) the damage was not recovered until now; and (d) there was a history of punishment several times for the same kind of crime.

This is from 1 year and 6 months to 1 July 1: The scope of the recommendation and sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission: violent crime group, the first category (special injury), the special person who is not subject to punishment), the decision-making area of the recommendation (the mitigation area), the scope of the recommendation and sentence (1 to 2 months), the second category of larceny for general property, the second category of larceny for general property, the second category (general larceny), the decision-making area of the recommendation area (1 to 6 months), the scope of the recommendation and sentence (1 to 6 months), the third category of larceny for general property: violent crime group, the first category (general injury), the special person who is subject to punishment (not subject to punishment), the decision-making area of the recommendation area (2 to 4 years), the sentencing range (2 to 1 year), the majority in the recommendation area (1 to 6 months), the recommendation area (1 to 3 months), the second class of larceny for general property, the sentencing area (2 to 4 years), the recommendation area of this case, the majority in general punishment (3 months).

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