(영문) 대전지방법원 2014.07.24 2014노491 | 리걸엔진

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(영문) 대전지방법원 2014.07.24 2014노491

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment) shall be excessively unreasonable.

2. The crime of this case, without any particular reason, is a case where the defendant, on the face of violent inclinations, inflicted an injury on the strokes with strokes, which is an object dangerous to the victims vulnerable to a hospital, and the degree of injury is very serious, and the defendant has two-time criminal records of the same kind of punishment, it is deemed necessary to isolate the defendant from society for a long time.

However, in full view of the following: (a) the Defendant committed the instant crime in a state of mental disorder caused by mental illness; (b) appears to have failed to memory the content of the instant crime; (c) appears to require appropriate treatment rather than a long-term life; (d) the Defendant partially repaid the damage and agreed with the victims in the appellate trial; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 366 of the Criminal Act; Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257 of the Criminal Act.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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