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(영문) 수원지방법원 2014.03.27 2013노6455
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 1,000,00.

The above fine shall be imposed on the defendant.

Reasons

Summary of Grounds for Appeal

In relation to the Defendant’s 2013 Highest 1607 Highest 2013 Highest 1607 Highest Ba, the lower court found the Defendant guilty of the Defendant’s injury, in so determining, without having any fact that the Defendant displayed the Victim K with the Defendant, and the lower court’s punishment is excessively unreasonable.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and examined in the court below's erroneous determination of facts, namely, the victim K consistently stated in the investigative agency and the court below that the defendant sustained bodily injury from the victim, the defendant took the brue in his hand while disputing the victim under the influence of alcohol, and the above victim suffered bodily injury as stated in the judgment of the court below, the defendant can sufficiently recognize the fact that the brue was inflicted bodily injury on the victim's brue as stated in the judgment of the court below. Thus, the above argument by the defendant is without merit.

The fact that there are multiple kinds of violences against the defendant, each of the crimes of this case is also disadvantageous to the defendant, since May 2012 to October 2012, and the fact that the defendant used violence, intimidation, or bodily injury against many victims, and that the crime is not good. The defendant has been arrested several times as an offender in the act of committing a crime during the same period and has a high possibility of criticism for other crimes.

However, considering various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., including the fact that some of the victims did not want the Defendant’s punishment, the Defendant is in an economically difficult situation, and the Defendant seems to have a hearing impairment, the lower court’s punishment is somewhat heavy.

3. Thus, the defendant's appeal is correct.

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