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(영문) 광주지방법원 2017.12.07 2017노995
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant did not inflict an injury on D by a shoulderer with a shoulderer.

B. The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the court below's determination as to the defendant's assertion of mistake of facts [the statement of D in the interrogation protocol of the defendant to the prosecution, the protocol of the police interrogation of D, the protocol of the police's statement to D, the protocol of the police's statement to E, the written diagnosis of injury, and the investigation report to E (Attachment to the police officer's photograph)], it can be sufficiently recognized that the defendant used part of the defendant's shoulderer's disease requiring two weeks' medical treatment at the time of the instant case and that the defendant caused damage to the character of the scarke wall, the scarke wall damage, the scarcity, etc.

B. As to the Defendant’s unfair argument of sentencing, the Defendant did not have any history of being punished for a crime related to violence, the Defendant’s act of breaking away first of all, and obscing the Defendant’s desire to commit the instant crime was the motive for committing the instant crime, the degree of injury inflicted upon D is two preceding directions, and the Defendant was subject to assault by towing D after committing the instant crime, and the Defendant expressed her intention not to punish D, and the Defendant expressed her age, sexual behavior, environment, motive and consequence of the instant crime, and other circumstances shown in the instant argument, such as the Defendant’s age, sexual behavior, environment, motive and consequence of the instant crime, etc., are equally considered, the lower court’s punishment is too unreasonable, and thus, the Defendant’s argument of sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

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

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