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(영문) 수원지방법원 2013.11.07 2013노3849
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 two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the overall sentencing conditions of the grounds for appeal, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant is a beer and beer who is a singinger and beer who is a dangerous object. The crime of this case is not likely to obstruct the lawful execution of official duties by exercising violence against many police officers dispatched upon receipt of a report. The defendant has the past records of punishment for multiple violent crimes, and the responsibility for the crime is not weak.

However, in full view of all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the sentence imposed by the court below on the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act; Article 366 of the Criminal Act; Article 136 of the Criminal Act; Article 136(1) of the Criminal Act; Article 141(1) of the Criminal Act; Article 257(1) of the Criminal Act for each crime;

1. As to police officers, Articles 40 and 50 of the Criminal Code of Trade and Trade.

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