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(영문) 전주지방법원 2013.07.05 2013노429
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.

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

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal ought to be strictly punished by the Defendant in light of the following: (a) the Defendant’s injury was inflicted by multiple times on the wife due to hump, etc., which is a dangerous object; (b) intimidation the victim; (c) the nature of the crime and the criminal fact is not good; and (d) the injury suffered by the victim is not easy; and (c) the victim appears to have suffered considerable mental pain.

However, when the defendant was found to have committed the crime of this case for a considerable period of time, the defendant is in depth, and the victim does not want the punishment of the defendant, there is no history of punishment heavier than a fine, and there is no history of punishment since 2002. The defendant was committed in the process of committing the crime of this case in the process of marital fighting with the victim, and there is a circumstance to consider the circumstances of the crime. The victim filed a complaint against the defendant only after a divorce lawsuit is filed, the defendant must support his child, the most important fact that the defendant must support his child, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is unreasonable for the court below to have imposed the defendant too much more punishment, and the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the same as the corresponding column of the judgment of the court below, except for the addition of the "statement in the trial room of the defendant" to the summary of the evidence.

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