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(영문) 수원지방법원 2013.06.20 2013노1698
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

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

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and eight months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the defendant, who used a deadly weapon or committed violence to the victims jointly with the fluorites, and the nature of the crime is inferior. However, in full view of all the sentencing conditions shown in the arguments of this case including the defendant's age, character and conduct, and environment including the degree of injury to the victims, etc., the sentence imposed by the court below is too unreasonable.

3. Accordingly, 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 well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Articles 257 (1) and 30 of the Criminal Act; Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act (the point of joint injury);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (all circumstances, such as the fact that the mitigation is in conflict with each other);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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