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(영문) 광주고등법원 2014.08.28 2014노132
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment with prison labor for a two-year grace period) is too unhued and unreasonable.

2. Determination shall take into account the circumstances favorable to the Defendant that the Defendant led to the confession and reflect of all of the instant crimes, and that the Defendant appears to have committed the said crimes somewhat contingently under the influence of alcohol.

However, the law of crime is dangerous and the possibility of criticism is high in that the defendant used a breath, which is a dangerous object under the influence of alcohol, and used a breath to commit the act of destroying a car parked by car without any permission, and used the breath to injure the police officer's breath of the dispatch.

In addition, even though multiple victims have occurred due to the instant crime, the Defendant did not make any effort to recover damage to the trial.

In addition, there is a need to protect society from crimes involving many and unspecified persons without any reason as above.

These circumstances are disadvantageous to the defendant.

Considering the above grounds for sentencing, various circumstances revealed in the arguments in this case, such as the Defendant’s age, character and conduct, family relation, environment, circumstances after and degree of crime, circumstances after crime, and the scope of recommended sentences as determined by the Supreme Court’s Sentencing Committee, etc., the lower court’s punishment is deemed to be too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act concerning facts constituting an offense.

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