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(영문) 인천지방법원 2009.03.18 2009노66
폭력행위등처벌에관한법률위반(집단.흉기등상해) 등
Text

The judgment of the court below is reversed.

Defendant

Within two years of imprisonment for A and B, each of the defendants C, D and E shall be punished by imprisonment for one year and six months.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment for each of the defendants A, B, the two years of imprisonment for each of the defendants C, D, and E) is too unreasonable in light of the overall circumstances surrounding the gist of the grounds for appeal.

2. In light of the judgment, the crime of this case was committed by multiple defendants using a shoulderer bottle, beer, beer, beer, and the quality of the crime is very severe. However, the defendants are under life in good faith when they are living in a profound proportion to their mistake. After the judgment of the court of first instance was rendered, the defendants submitted a written application for the above victims for the defendants, and the circumstances after the crime of personality, conduct and family relation are considered to be somewhat unreasonable.

3. If so, the defendants' appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court of original instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Articles 260(1) and 30 of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Articles 257(1) and 30 of the Criminal Act (the occupation of an injury by carrying a deadly weapon);

(b) Defendant B: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Articles 260(1) and 30 of the Criminal Act (the point of carrying a deadly weapon), Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Articles 257(1) and 30 of the Criminal Act

C. Defendant.

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