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(영문) 대전지방법원 2014.11.27 2014노2722
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

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

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed in such a way that the victim, who was a scambling between the Defendant and the victim’s scambling, threatens the injury of the scambling, or threatened with telephone liaison, and the nature of the crime is not good. The crime of this case was committed in a state unfavorable to the Defendant, such as the fact that the injury inflicted on the victim by the crime of this case, is not less than a throst, a non-throke, a non-throke, and a strue scambing, which require a thrue treatment for three weeks, and that it seems that the mental suffering of the victim would have been considerable.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) paid one million won as agreed money at the investigation stage; (c) deposited one million won at the lower court for the recovery of damage; (d) the victim and the victim did not want to use and punish the Defendant; (c) there was no record of having been punished for the same crime; and (d) there was no record of having been punished for the suspension of execution or heavier punishment.

The scope of recommendation and sentence with respect to the crime of this case according to the sentencing guidelines established by the Sentencing Commission of the Supreme Court is from April to July of imprisonment, and the suspension of execution and sentence are all possible: violent crime group, Type 1 (general injury), group of general bodily injury (non-influence of punishment, carrying dangerous articles), decision-making (basic area), scope of recommendation sentence (in April to June), group of violent crimes, Type 1 (general injury), group of special persons (influence of punishment, carrying dangerous articles), group of special persons (influence of punishment), group of persons (influence of punishment, carrying dangerous articles), group of persons (influence of punishment), range of recommendation sentence (in April to June 16), group of crimes of violence, group of special persons (influence of punishment), group of persons (influence of punishment), group of persons (influence of punishment), group of recommending punishment (influence of April to 1).

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