2012No895 Violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.)

A person shall be appointed.

Defendant

On the port date (prosecutions) , Jink (Public Trial)

Law Firm Won, Attorney Choi Jong-hoon

Ulsan District Court Decision 2012Ma1900 Decided December 13, 2012

March 15, 2013

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of the grounds for appeal;

In light of the overall circumstances of this case, the sentence (4 years of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination:

The crime of this case is inevitable to sentence the person against whom the defendant was subject to a provisional disposition prohibiting access by the victim against the above decision, by taking into account the fact that the defendant found the victim against the above decision and diversging the yellow mountain prepared in advance for the face of the victim, and suffered from the front side of the front side, the front side, the front side of the police station, both sides, and the front side of the police station, and the degree of danger and injury, and the nature of the crime is extremely poor in light of the circumstances of the crime, the method of the crime, the risk and the degree of injury, etc., so it is extremely poor to sentence the defendant to the defendant. However, when the defendant was tried to divide the victim with the victim's intention to divorce and divide the victim's division of property, the defendant's wife was against his own wrong judgment through detention, and considering the defendant's age, character and environment, etc., the defendant's argument that the court below sentenced the defendant to the punishment is somewhat unfair and reasonable.

3. Conclusion

If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court is identical to the entries of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(11) of the Criminal Act

Articles 53 and 55 (1) 3 of the Criminal Act (General Consideration in Benefits as seen earlier)

Reasons for sentencing

[Determination of Type] Violence, Habitual Injury, Bodi Bodily Injury, Specific Injury, Type 1

【Special Convicted Persons】

○ Special Aggravations: Serious injury

○ Special mitigation factors: No penalty surcharge

【General Adopteds】

○ General Aggravations: planned crimes

○ General mitigation elements: Serious reflect

[Scope of Recommendation] Imprisonment of 2 to 4 years (basic areas)

[Determination of Sentence] Imprisonment with prison labor of one year and six months;

In comprehensive consideration of the above sentencing conditions, the same sentence as the order shall be determined by selecting a minor sentence than the lower limit of the recommended sentence.

Justices Kim Dong-young

Judges Kim Jong-jin

Judges Sung-man