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(영문) 광주지방법원 2013.07.03 2013노889
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment is based on the fact that the defendant had been sentenced to a fine for the same kind of crime on June 23, 1997, but there is a previous conviction that the defendant led to the confession of the crime and reflects the mistake through confinement life for more than two months, even though the defendant's economic situation is not high, one million won is paid at the investigation stage for the victim, and two million won is deposited at the trial stage for the victim, and the victim's mental and physical suffering is expected to be high. The victim did not reach an agreement with the victim until now. The defendant was sentenced to a fine for the same crime on June 23, 1997.

In full view of the following facts: (a) the Defendant did not have any other criminal record than the above criminal record; (b) the Defendant appears to have committed the instant crime by failing to attend the victim’s end and without any contingent action; (c) the victim’s degree of damage is not more than three weeks; (d) the part of the bridge is steel, bed, bed, and the part of the bridge is shot; and (e) the Defendant committed the crime with plastic materials, etc.; and (e) considering the overall sentencing conditions, including the Defendant’s age, character and conduct, and conditions of plastic materials, etc., the Defendant’s punishment imposed by the lower court is somewhat somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

b) the summary of the evidence and evidence.

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