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(영문) 대전지방법원 2014.05.01 2013노2607
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

Summary of Grounds for Appeal

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

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

The crime of this case was committed by the Defendant on a minor day while the Defendant was working with the victim, and was committed several times by gathering hacks, which are dangerous objects of considerable weight, throughout the victim, and thus, the crime is not good, the degree of injury to the victim is serious, and the victim seems to have not been completely recovered even after treatment, and the remaining disability is deemed to remain unrefilled.

However, the circumstances are that the defendant led to the confession of the crime of this case and reflects his mistake in depth, that the defendant deposited 4.5 million won for the victim in the original trial, and that the defendant agreed smoothly with the victim and that the defendant did not have any record of punishment of fine or heavier, etc. are favorable to the defendant.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from 2 years to 4 years (the suspended sentence / actual sentence), category 1 (Habitual injury, repeated crime injury, special injury) of habitual injury, repeated crime, special injury, special appearance (the person who is not subject to punishment, serious injury), decision on the recommended area (the basic area), the scope of the recommended sentence (2 to 4 years), and other various sentencing conditions such as Defendant’s age, character and behavior, environment, circumstances of the instant crime, and conditions before and after the instant crime, it is recognized that the sentence of the court below is too unreasonable.

Defendant

The prosecutor's assertion of unfair sentencing is without merit.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as follows.

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