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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2014.04.30 2014노345
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (a punishment of three years of imprisonment, 40 hours of attending a sexual assault treatment program, confiscation) imposed by the lower court is too unreasonable.

2. The judgment of the defendant has already been punished five times of violent crimes, and the crime of this case 2013 Go-Ma2688 was committed on the ground that the defendant did not lend money to the victim F, who is the president of the shop where the defendant wants to purchase Oral Ba, and the defendant threatened the above victim and I, who was a dangerous weapon, injured the victim by displaying the knife of the living knife, which was a deadly weapon, and damaged the above victim AH and I, who was a customer who said knife, damaged it beyond the above knife of the victim AH and AI owned by the AI, and the crime was very bad, and the defendant is also found to have committed violence to the victims or indecent acts without any particular reason, and repeated acts such as interfering with the legitimate performance of duties by the police officer, and thus there is a need to punish the defendant.

However, when the defendant was accused of all of the crimes of this case at the trial, the court below agreed with victimO, R, T, and 50,000 won for the purpose of police officers, Y, and Z at the trial, and deposited 50,000 won for the purpose of police officers, Y, and Z at the trial. The defendant agreed with victim F, I, AH, and AI, and the defendant did not have any punishment heavier than a suspended sentence due to the same crime, and considering all of the sentencing conditions in the records of this case, such as the defendant's age, character and behavior, environment, motive, means, and consequence of the crime of this case, the punishment sentenced by the court below is too unreasonable.

3. According to the conclusion, the defendant's appeal is reasonable, and the guilty part of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by the court shall be the main sentence of paragraph (3) of the same Article.

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