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(영문) 서울고등법원 2017.01.13 2016노2742
중상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1) shall be confiscated.

Reasons

The sentence (five years of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

Judgment

The Defendant, in collusion with C in a state of mental and physical weakness caused by alcohol acute addiction, caused the victim F to real name the left eye by using a fluorous violence to the victim F. The Defendant inflicted injury on the victim G on the head, fluoral part, and fluoral part of the head, fluoral part, etc.

In particular, the above crime was committed during the period of repeated crime, and the defendant committed the crime of assaulting and injuring the victim by impairing the house of the victim K while carrying a knife with a knife in the state of mental and physical disorder during about six years after the crime was committed.

The crimes of these defendants are highly dangerous, the victims' degree of damage is extremely serious, and the victim F suffers permanent obstacles such as real name due to the defendant's crime.

Considering these various circumstances, it is not possible to impose strict criminal liability on the accused.

However, there are many circumstances favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes of this case, and that the court below agreed with the victim K, that the victim F and G only agreed with the victim F, and that all the victims want to leave the ship to the defendant, that the defendant's wife in a de facto marital relationship wanted to have the ship's wife against the defendant's mistake, and that there is a child to support the defendant.

When comprehensively considering all factors of sentencing, such as the defendant's age, sex, environment, occupation, social relationship, circumstances leading to the crime of this case and circumstances after the crime, etc., the punishment sentenced by the court below is too unfair because it is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the Criminal Procedure Act is applicable.

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