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(영문) 전주지방법원 2015.07.10 2015노462
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a crime of assaulting the victim on the ground that the defendant suffered injury to the victim who has affixed the victim with his/her hip with his/her hip with his/her hip, threatened the victim with his/her intention to kill and die, and it does not cause any agreement during the investigation, and thus, the crime of this case needs to be punished strictly on the ground that the crime is serious.

On the other hand, however, considering the fact that the defendant confessions all of the crimes of this case and reflects the mistake, that the defendant wants the defendant's wife by mutual consent with the victim in the trial of the party, that there is no record of criminal punishment for the same crime after the defendant was sentenced to a fine by violence in 1999, and that there is no other record of criminal punishment for the same crime, and that all of the kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, etc., the punishment sentenced by the court below is too unreasonable, and therefore, the defendant'

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on the crime, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, respectively.

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