(영문) 광주지방법원 2013.03.27 2013노128 | 리걸엔진

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(영문) 광주지방법원 2013.03.27 2013노128

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

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is unreasonable by taking into account the following circumstances: (a) the crime of this case was first committed by the young female head who was sexual at the drinking place, and the nature of the crime is not good; (b) the mental and physical suffering inflicted by the crime of this case was not small; (c) the mental and physical suffering inflicted two times due to the same crime was found to have been criminal records; (d) the defendant recognized the crime of this case; (c) the defendant committed the crime of this case; (d) the damage was not very serious as two weeks of necessity; (d) the defendant was not sentenced to a fine; (e) the defendant did not have any criminal record heavier than the fine; (e) the defendant did not want the punishment of the defendant; and (e) the defendant did not want the punishment of the defendant by mutual consent with the victim; (e) the defendant did not want the punishment of the defendant; and (e) the background leading to the crime of this case; and (e) the circumstances leading to the crime after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, they are quoted 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to probation, provide community service, or undergo lectures;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항