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(영문) 부산지방법원 2014.01.09 2013노3651
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 three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by the Defendant on the network that the Defendant is mixed with foreign substances in drinking water, and the crime of this case was committed by the steroe lease pipe, which is a dangerous object, and the nature of the crime is light.

However, the sentencing of the court below is somewhat inappropriate in light of various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstance after the crime of this case, the defendant's age, character and conduct, etc., and the fact that the defendant has no record of criminal punishment prior to the crime of this case, the degree of injury suffered by the victim is not serious.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account circumstances, etc. favorable to the defendant in the preceding reason for reversal);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for reversal which is favorable to the defendant shall be considered);

1. Probation under Article 62-2 of the Criminal Act;

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