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(영문) 서울고등법원 (춘천) 2015.07.15 2014노261
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

In full view of the circumstances surrounding the Defendant’s injury inflicted upon the victim on September 22, 2014, the content of the victim’s bath, etc. at the time, the lower court denied the purpose of retaliation without reasonable grounds, and acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) among the facts charged in this case.

Defendant

The defendant was in a state of mental disability due to the symptoms of alcohol dependence, depression, etc. at the time of committing the crime.

The sentence sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

Of the facts charged in the instant case, the gist of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) among the facts charged in the instant case is as follows: (a) the Defendant was sentenced to eight months of imprisonment for the crime of injury at the Chuncheon District Court around April 20, 201 by the victim (the victim, 7 years of age) who was a witness at an investigative agency as a witness; and (b) on September 22, 2014, the victim was born with knife at around 12:50 on September 22, 2014, and brought a knife and knife with knife, but the victim was killed with knife and knife with knife and knife with knife and knife with knife.

As to this, the court below can only see that the defendant sold the article to the other customers at the time of the case, and caused the failure to sell the article to the defendant, and submitted by the prosecutor.

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