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(영문) 대구지방법원 2013.09.12 2013노1922
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Part concerning the first and second crimes in the judgment shall be reversed.

One year of imprisonment with prison labor for crimes Nos. 1 and 2 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal (the punishment Nos. 1 and 2: Imprisonment with prison labor for 1 year and 6 months, 3 and 4: imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.

2. Determination

A. On the other hand, the Defendant committed the instant crime with the history of having been punished several times due to violent crimes such as injury, etc., and driving without license, and again committed the instant crime. The instant bodily injury, which is a dangerous object, inflicted an injury on the victim by 2 knife knife knife knife knife knife.

However, the degree of injury suffered by the victim is relatively minor, and the victim does not want to punish the defendant by mutual consent with the victim.

The Defendant reflects the mistake of the instant crime, and is in depth divided.

In addition, considering all the sentencing conditions as shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the punishment sentenced by the court below is too unreasonable.

B. The Defendant committed the instant crime by abusing trust relationship with the victims, and did not properly recover from damage, even though the amount of damage caused by the instant crime is reasonable.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

3. In conclusion, since the defendant's appeal against the first and second crimes in the judgment of the court below is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the first and second crimes in the judgment of the court below shall be reversed, and the defendant's appeal against the third and fourth crimes in the judgment of the court below shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Criminal facts

Criminal facts and summary of evidence recognized by this court shall be as follows.

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