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(영문) 대전지방법원 2013.10.10 2013노1402
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of three years.

except that this shall not apply.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendants (two years and six months of imprisonment, and three years of imprisonment) is too unreasonable.

Judgment

In light of the motive and background of the instant crime, method of crime, possibility of criticism, degree of injury inflicted on the victim, etc., it is deemed that the Defendants were highly likely to commit the instant crime. Meanwhile, the Defendants led to the confession and reflect of the instant crime, and all the Defendants agreed smoothly with the victim; the victims actively wished to take measures against the Defendants; the Defendants did not have any record of punishment for the same kind of violent crime; Defendant A is in the relationship of the crime for which judgment has become final and the latter part of Article 37 of the Criminal Act, such as the first head of the instant crime as indicated in the judgment of the court below, with the crime of this case, as the crime of this case was committed simultaneously with the crime of this case and the crime of latter part of Article 37 of the Criminal Act, the crime of this case and the crime of this case should be considered at the same time as the crime of this case became final and conclusive under Article 39(1) of the Criminal Act; Defendant G’s imprisonment (two years and three years of suspension of execution, community service order 200 hours, and 40 hours).

Therefore, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendants' appeal is justified, and the judgment is delivered again as follows.

Criminal facts

The summary of the evidence and each criminal facts against the Defendants recognized by this court and the summary of the evidence are as stated in the respective corresponding column of the judgment of the court below, except where the “1...... part of Defendant B’s legal statement” in the summary of the evidence as “each of the Defendants’ respective legal statements”. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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