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(영문) 인천지방법원 2014.06.25 2014노1188
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.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments of this case, and the fact that the defendant was not sentenced to imprisonment without prison labor or more, and that the court below's punishment is unfair because the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below.

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1,

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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