(영문) 광주지방법원 2014.02.07 2013노2579 | 리걸엔진

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(영문) 광주지방법원 2014.02.07 2013노2579

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D shall be punished by imprisonment for a term of one year and six months.

Defendant

A. A.

Reasons

1. Summary of grounds for appeal;

A. When taking into account the various circumstances against the Defendants, the sentence of the lower court (Article 1-1 and 6-1 of the Act, Article 2-2 of the Act, as indicated in the Decision, 1 year and 2-2 of the Act, 1 year of imprisonment, 1 year of imprisonment, and 2 years of imprisonment) is too unreasonable.

B. In light of the nature and contents of the instant crime, and the fact that the Defendant continued to commit the instant crime while denying the Defendant’s mistake, the lower court’s punishment against Defendant C is too uneasible and unreasonable.

2. Determination

A. It is favorable for Defendant A (1) to recognize all of the crimes of Article 1 (Seoul District Court Decision 2012Ma2618) in the judgment of the first instance, and to have agreed with the victim M in the course of investigation.

However, even if the defendant had a record of criminal protective disposition and criminal punishment for a crime of the same kind, it is a planned crime that the defendant committed under the direction of the defendant C, the jury, the defendant's act of assaulting the telegraph of the victim, which is a dangerous object jointly with the defendant B, and thereby causing serious injury that the victim requires approximately nine weeks of medical treatment, and the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) is punished by imprisonment for a limited term of not less than three years. In full view of the above, the court below's sentence on this part of the crime cannot be deemed to be unfair because the defendant's punishment is too excessive, and the defendant's assertion is without merit.

(2) The second crime (Seoul District Court 2012 High Court 2012 High Court 3081) of the judgment was committed in the trial of the defendant, and the time of and reflects on the crime of this case, and the victims Q, U, and the first instance do not want punishment against the defendant. The fact that the defendant committed this part of the crime and voluntarily surrenders the defendant is favorable.

However, this part.

참조조문

-폭력행위 등 처벌에 관한 법률

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