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(영문) 의정부지방법원 2015.11.11 2015노2453
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

A. In light of the fact that there is an electricity and there is a record of being subject to a disposition of suspension of indictment and that there is no right to institute a prosecution for several violent crimes, and that the degree of injury suffered by the victims cannot be deemed to be light, it is necessary to punish the Defendant.

However, all of the defendants are recognized to commit crimes, and the defendant was detained in court with the sentence of the judgment of the court below and seems to repent of his mistake in depth for more than two months until now, and the defendant agreed with the victims and the victims wanted to have the preference against the defendant, such as the motive and background of the crime, the method and consequence of the crime, and the circumstances after the crime, and all the sentencing conditions of the crime, and the range of recommended punishment in the sentencing guidelines of the Supreme Court (one year and six months - three years - September 9): Each violent crime group, habitual injury, repeated injury, special injury, first category (special injury), mitigation area (special mitigation area), one year and six months - June - 1 year and six months - June - 2 year and six - the final sentence scope in accordance with the majority crime processing criteria: the court below's punishment is too unfair, considering the whole of the following factors: 1 year and six months - September 3 and September 9.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes with the punishment provided for in the Act on the Punishment of Violences, etc. (In the case of collective crimes, deadly Weapons, etc.) 1.

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