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(영문) 대구지방법원 2015.06.25 2014노3904
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.

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

Reasons

1. The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, and one year of probation) against the accused in the summary of the grounds for appeal is too unhued and unreasonable.

2. The Defendant’s recognition of each of the instant crimes and reflects the wrongness, each of the damage level is relatively minor, each of the contingent crimes due to a failure to maintain the quality of impulse, and the Defendant’s treatment at Grade IV of the chronic disorder is favorable to the Defendant.

On the other hand, each of the crimes of this case is an unfavorable condition to the defendant that the victim's face, hair, leg, etc., which is a dangerous object, was committed in several times, and the nature of the crime was inferior, and the defendant did not agree with the victims or endeavor to recover from damage until the court is in the trial, and that the defendant was committed two times, including a stay of execution of imprisonment with prison labor, and that the defendant was committed

In addition, the defendant's age, character and conduct, environment, background and result of the crime of this case, etc., all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of the sentencing guidelines of the Sentencing by the Sentencing Commission [Determination of type] of violent crime (Habitual injury, repeated injury, special injury): Reduction element: In a case where the defendant committed repeatedly for an unspecified or large number of victims or for a considerable period of time (the scope of recommending punishment): Basic area (the scope of recommending punishment): In full view of the defendant's age, character and conduct, environment, the background and consequence of the crime of this case, etc., and the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court (the determination of type],

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: the sum of 3 pages 2 and 5 of the judgment of the court below and 2 of the same "welth" sexual male drinking.

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