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(영문) 인천지방법원 2013.12.20 2013노2943
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In full view of all the circumstances favorable to the defendant, including the fact that the defendant committed each of the crimes of this case repeatedly despite the fact that the defendant had been punished for the same kind of crime, and that the defendant led to the confession and reflect of the crime, and that the defendant reached an agreement with the victim E and H, the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, relationship to the victims, motive, means and consequence of the crime of this case, the motive and means of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the court below against the defendant is too unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.

3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act concerning a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., extenuating circumstances in favor of the former);

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