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(영문) 의정부지방법원 2016.05.13 2016노588
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment with prison labor for a short term, two years) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, in light of the circumstance and method of the crime, etc., the crime of this case was committed in a knife with a knife knife that the victim had expressed an desire to the Defendant’s knife with the Defendant’s knife, etc., and the crime was considerably not sufficient in light of the circumstances and method of the crime, the degree of the injury the victim sustained due to the instant case was relatively more serious, and the fact that the victim did not yet agree with the victim

However, considering the favorable circumstances such as the defendant's attitude to recognize the crime of this case, part of the medical expenses was paid to the victim, the defendant deposited a total of 5 million won for the victim when he was in the first instance, the seven months of prison life for the victim, the fact that there are many juvenile protective disposition records of this case, but there are not many records of violent crime, and the defendant needs to take into account the possibility of improving the defendant's age and the future, and other favorable sentencing conditions of the defendant's age, sex, environment, method of crime, circumstance after the crime, circumstance after the crime, criminal record, etc., as well as all other sentencing conditions indicated in the records and changes of the case, it is unfair to punish the defendant.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258-2 of the Criminal Act concerning the crime

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