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(영문) 전주지방법원 2013.06.28 2013노499
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3.Provided, That this ruling has become final and conclusive.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In full view of the fact that the defendant was punished several times for the same crime, and the crime of this case was committed by the defendant, which is a dangerous object of the victim, and the crime of this case was committed by the defendant, resulting in knife and knife with the victim, but the crime of this case was committed by the defendant, the defendant was smoothly agreed with the victim, and the victim was also strongly brue with the defendant in the investigative agency and the court of the trial, the defendant's perception of the crime of this case was seriously against his mistake, and other various circumstances, which are the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., it is unreasonable that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and 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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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