(영문) 의정부지방법원 2013.12.12 2013노2236

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2013.12.12 2013노2236

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the original court (ten months of imprisonment) shall be too unreasonable.

2. In light of the fact that the victims of this case are many victims, the criminal punishment of the Defendant is many, the criminal records of the same crimes are many, and each of the crimes of this case is committed during the period of repeated crime, and the Defendant appears to show violent inclinations upon the withdrawal of alcohol, and the criminal records are not sufficient due to excessive criminal acts, a sentence of sentence on the Defendant is inevitable.

However, the circumstances favorable to the defendant are not taken into account, such as the fact that the defendant agreed smoothly with the victims, in particular, the intention to continue living with the victim I should be considered in the future, and the attitude of the court below that denied some crimes in the past, and the confession of and reflects against the victim, etc. In addition, in light of all the sentencing conditions in the records of this case, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, the sentence of the court below against the defendant is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged against the defendant recognized by the court and the summary of the evidence is as follows: in addition to the fact that "K" in the 3rd and 3rd of the judgment of the court below is deemed as "D", since it is the same as the corresponding column of the judgment of the court below, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2(1)1 of the Criminal Act, Article 260(1) of the Criminal Act (the occupation of assault for carrying dangerous objects). Article 314(1) of the Criminal Act, the Criminal Act

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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