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(영문) 의정부지방법원 2013.10.18 2013노1608
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

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case in question is a case where the defendant committed violence against the victims without any special reason, and in particular, the degree of injury is serious in case of the victim C.

However, in full view of the following circumstances: (a) agreement between the Defendant and the victims was reached; (b) there was no record of the same crime exceeding the fine imposed on the Defendant; (c) the victims resist again against the Defendant after the pronouncement of the original judgment; and (d) the Defendant’s age, character and conduct, environment, background leading to this case; and (e) circumstances leading to this case; and (e) the sentencing conditions specified in the argument of this case, the sentence imposed by the lower court against the Defendant is somewhat unreasonable; and

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The favorable circumstances among the reasons for reversal under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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