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(영문) 수원지방법원 2015.05.22 2015노1730
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

(2).

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (two years of imprisonment with prison labor for the defendants A, and one year and six months of imprisonment with prison labor for the defendants B) declared by the court below to the defendants.

2. The Defendants are highly likely to be subject to criticism in the sense that they again committed each of the instant crimes even though they had been sentenced to two years of suspended sentence and two hours of community service in October 7, 2012 due to the crimes similar to the instant crimes, which were committed in the past.

However, all of the crimes of this case were led to confessions and reflects in depth, Defendant A deposited KRW 500,000 for the victim D and G, and some of the victim police officers complaining of Defendant A’s wife, Defendant D and G submitted a written application for a correction of the performance of official duties or the crime of insult, Defendant D and G submitted a written application for a correction of Defendant B’s wife, the Defendants were faithfully working as a taxi driver, Defendant A supported their parents, Defendant B supported Defendant B’s family members, the most supporting the Defendant’s family members’ family members, and other various circumstances, including the Defendants’ age, character, intelligence and environment, motive and consequence of the crime of this case, means and consequence, circumstances after the crime, criminal records, family relation, etc., as indicated in the argument of this case, the lower court’s sentence is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are all the same as the entries in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Criminal facts;

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