(영문) 대전지방법원 2014.11.27 2014노1869 | 리걸엔진

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(영문) 대전지방법원 2014.11.27 2014노1869

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment) shall be excessively unreasonable.

2. The judgment of this case is a case where the victim's side knife, which is a dangerous thing of the defendant, has inflicted an injury on the victim, and its nature is inferior, but the defendant seems to have committed any contingent crime by hearing the hnife from the victim and showing that the victim's hife is relatively heavy, the degree of the injury inflicted on the victim is not much severe, the defendant is led to confession, and the defendant seems to be against himself. The judgment of five years sentenced to imprisonment for other crimes became final and conclusive on December 7, 2012, and the defendant has already planned a long-term prison life; the defendant has no record of other criminal punishment in Korea and China except for the above attempted murder and the principal crime; the defendant has no other record of criminal punishment in China, and considering various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and result, before and after the crime, the defendant's argument of unfair sentencing is reasonable, and therefore it is considered unfair.

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.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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