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(영문) 대전지방법원 2013.05.23 2013노583
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

Summary of Grounds for Appeal

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

Judgment

The defendant is acknowledged to have not agreed with the victim in light of the method of crime and frequency of crime, such as the victim's act of crime and the receipt of money by threatening the victim when the victim gets a dangerous object that he/she had been working at the only place where he/she had been operating, would lose his/her will, and he/she would inflict injury upon him/herself, and the victim gets a traffic accident after getting off and getting off the urbbane, and he/she received money by threatening the victim, etc., but he/she cannot reach an agreement with the victim until the trial. On the other hand, he/she is found to have led to the confession and rebuttal of each crime of this case at the trial, and deposited five million won at the trial for the victim before he/she committed each crime of this case. Upon full consideration of all the sentencing conditions such as the fact that the defendant provided the victim with the job and the place of lodging before he/she committed each crime of this case, the first offender, the age, character and conduct of the defendant, environment, and circumstances after the crime, the defendant's argument is reasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

Criminal facts

The gist of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the case where "the defendant's partial statement" in the summary of the evidence written in the court below is used as "written statement of the defendant", and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 260(1) (a) of the Criminal Act, and Article 350(1) of the Criminal Act concerning the punishment of a crime;

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