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(영문) 대전지방법원 2015.07.23 2015노107
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, suspended execution for three years, probation, and community service order for the accused) is too unreasonable.

2. Determination that the defendant did not agree with the victim is unfavorable to the defendant; however, the defendant confessions all of the crimes of this case and repents his mistake in depth; the defendant made efforts to recover from damage by depositing one million won for the victim; the victim also seems to have considerable responsibility for the occurrence of the crime of this case or the expansion of damage; the defendant's age, character and behavior, environment, motive, means and result of the crime of this case; various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; the range of recommended sentences recommended by the Sentencing Committee: violent crime group, Type 1 (Habitual Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi.), special mitigation factors (the case where the victim has considerable responsibility for the occurrence of crime or the expansion of damage): whether the suspended sentence of imprisonment from 186 to 26 months (the area of mitigation): The defendant's assertion that the defendant's punishment against the defendant is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 evidence admitted by the court are the same as the entries in each corresponding column of the judgment 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 Punishment of Violences, etc. Act concerning a crime;

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