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(영문) 수원지방법원 2015.04.24 2015노1034
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. As the Act on the Acceptance of Criminal Crimes in this case is cruel and its nature is very poor due to the occurrence of serious injury to the victim, it is necessary to punish the defendant strictly.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) appears to have an opportunity to sufficiently reflect the Defendant’s living in custody for more than seven months; (c) the Defendant agreed upon the Defendant’s wife with the victim who was his wife; (d) the Defendant’s wife continuously sought the Defendant’s wife; (e) the Defendant did not have any criminal record other than once a fine; and (e) other circumstances, which form the conditions for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant

3. 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 after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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