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(영문) 대전지방법원 2015.07.23 2014노2181
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

All the appeals by the prosecutor are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment, two years of suspended sentence, two years of suspended sentence; one year and two years of suspended sentence; two years of suspended sentence) is too unhued and unreasonable.

2. The crime of this case committed by the Defendants, along with his accomplices, assaults the victims under each item, which is a deadly weapon or dangerous article produced by the Defendants, and furthermore, Defendant B, while carrying a knife, which is a deadly weapon, and assaults or threatens the victims, which is very heavy liability for the crime, and is not agreed with the victims.

However, there are extenuating circumstances, such as that the Defendants divided their wrongities into depth and reflect the crime of this case, and appears to have committed the crime of this case somewhat contingently. The scope of punishment according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court, Defendant A: violent crime group, Type 6 (Habitual Offense, Special Violence), Type 6 (Special Assault), Decision on the recommended area (basic area), Decision on the recommended area (basic area between June and October 10), the range of punishment (1 to January 10), the applicable range of punishment and recommended type (1 to October 10): Type 6 (Habitual Assault), the determination on the recommended area (basic area), the special sentencing period (1 to June), the scope of punishment (1 to June), the major sentencing period (1 to June of recommendation), the recommendation range (1 to June of recommendation), the major sentencing range (2 to June of recommendation), the recommendation range (1 to June of punishment), the recommendation range (special sentencing range), the recommendation range) and recommendation range (1 to six months of punishment).

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