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(영문) 창원지방법원 2014.12.04 2014노2202
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The summary of the grounds for appeal asserts that the original court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant carried dangerous articles and inflicted bodily injury on the victim, and the nature of the crime is not weak, and the defendant has been punished several times due to the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant recognized the crime in the trial of the party; (b) agreed with the victim; (c) there is a family member to support the Defendant; and (d) the Defendant’s opposition to his mistake, etc., the Defendant’s age, character, character, environment; (d) motive and background of the crime; (e) motive and process of the crime; (e) means and method of the crime; and (e) circumstances after the crime, etc., the Defendant

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[C] The facts constituting an offense and the summary of the evidence recognized by the court, and the summary of the evidence, are as follows: (a) changing the “part of the Defendant’s testimony” from the summary of the evidence to the “written testimony at the court of the Defendant’s own trial”; and (b) deleted the “protory protocol of the Defendant’s prosecution for the suspect of the Defendant;” and (c)

(Article 369 of the Criminal Procedure Act). Application of law

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

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