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(영문) 서울서부지방법원 2013.12.24 2013노830
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too heavy (two years of imprisonment) imposed by the court below.

2. The crime of this case was committed by the defendant using the kitchen, which is a deadly weapon, with the victim C, who is the wife, and the victim was injured by assaulting the victim, such as cage cages, etc., and the crime of this case was committed with the victim D, who is a minor, and the crime was committed with the injury of the victim of this case due to the steel pipe, which is an accessory, because the crime was very poor, is an element of sentencing unfavorable to the defendant.

However, all of the crimes of this case are recognized and against the defendant, there is no record of criminal punishment other than the fine of a kind different from the crime of this case, and the victim C was hospitalized into a mental hospital with alcohol addiction, thereby causing each of the crimes of this case by misunderstanding that each of the crimes of this case was committed by the victim C. The victim C was not the defendant in advance at the time of the hospitalization of the defendant into a mental hospital, and it was difficult for the victim C to economically and economically, but it was difficult for the defendant to talk about such circumstances at the time of the discharge of the defendant. However, there is a circumstance that can be taken into account as the circumstance of the crime of this case, such as the defendant's statement that the defendant would be misunderstanding, from the point of view of the defendant, the victim D, who is his wife, did not want the punishment of the defendant from the investigative agency, and the victim C was also not wanting to be punished by the defendant. In full view of all the various sentencing conditions of this case, the court below's sentencing against the defendant is inappropriate.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the facts charged and the gist of the evidence.

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