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(영문) 의정부지방법원 2012.12.28 2012노2199
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the grounds for appeal on unreasonable sentencing by the Defendant and the prosecutor.

It is recognized that the criminal defendant committed the crime of this case even though he had been punished several times for the same kind of crime, such as taking the victim's face and bridge, walking the victim's face and bridge, causing injury requiring eight weeks of treatment.

However, in order for the defendant to recover from damage up to the trial of the court, the defendant paid KRW 28 million to the victim, and the victim did not have been punished, and the defendant was detained for not less than seven months prior to the date of the pronouncement of the case. The violation of the Game Industry Promotion Act was committed by providing game products different from the contents of the classification, and the defendant's age, character and conduct, environment, circumstances leading to this case, circumstances after the crime, and various circumstances that are the sentencing conditions in the argument of this case are considered to be unfair since the sentence of the court below is too excessive, and the defendant's above assertion is reasonable and the prosecutor's above assertion is without merit.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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. Criminal facts;

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