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(영문) 대전지방법원 2013.08.14 2013노634
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all the circumstances, such as the fact that the defendant's mistake is recognized by the defendant and his depth is divided, and the part of the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) is agreed with the victim, each punishment (the judgment of the court of first instance: imprisonment with prison labor for 10 months, and 2 months) sentenced by the court below is too unreasonable.

B. In light of all the circumstances, such as the fact that a crime of intimidation by a prosecutor (as to the judgment of the court below of the second instance), in the case of a crime of intimidation by the defendant, the crime is not good due to retaliation against the victim who inflicted an injury, and the crime during the period of repeated crime, etc., the punishment (old: 6 months of imprisonment) sentenced by the court below is too une

2. Prior to the judgment on the grounds for appeal ex officio, the court of original judgment, Nos. 1 and 2 sentenced the defendant to a conviction after completing a separate hearing on the defendant, and both the defendant appealeds against the judgment of the court of first and second instance, and this court decided to hold concurrent hearings on the above two appeals cases. Each of the offenses in the judgment of the court of first and second instance against the defendant shall be sentenced to a single sentence within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, all of the judgment of the court of first and second instance cannot be maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the above grounds for reversal of authority and the prosecutor’s grounds for reversal of unfair sentencing. The judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the original judgment, so it is true in accordance with Article 369 of the Criminal Procedure Act.

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