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(영문) 부산지방법원 2015.11.27 2015노3220
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Part 1 of the judgment is reversed.

A fine of KRW 2 million shall be imposed on the first offense in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal is that the punishment (the first offense: imprisonment with prison labor for two months and the second and third offense: imprisonment with prison labor for one year and six months) declared by the court below against the defendant is too heavy or unreasonable.

2. Determination

A. As to the crime of this case as to the part concerning the crime No. 1 of the holding, the following facts are acknowledged: (a) the Defendant committed an injury to the victim by wearing a dead belt; (b) the Defendant had been punished for the same kind of crime even before; and (c) the Defendant committed the crime of this case even though he was detained due to murder preliminary crime, etc. and was released as suspended execution.

However, when the defendant recognized the crime of this case and recognized his mistake, the victim's ignorance was known, and the crime of this case was committed contingently, the victim agreed with the victim, which is not punishable against the defendant, the victim's confusion with the victim, the crime of this case is concurrent with the victim. It is necessary to consider equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the crime of murder for which judgment has already become final and conclusive, and the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, which are concurrent crimes under Article 39 (1) of the Criminal Act. In addition, considering all other circumstances that are conditions for sentencing as shown in the records such as age, environment, family relationship, and circumstances before and after the crime of this case, the sentence of the court below as to the part of the crime of this case of this case

Therefore, this part of the defendant's argument is reasonable, and this part of the prosecutor's argument is without merit.

B. The Defendant recognized each of the crimes of this case as to the second and third crimes of this case, and reflected his mistake, and each of the crimes of this case was committed by the Defendant with the knowledge of the victim's unknownness, and the degree of injury to the victim due to each of the crimes of this case is very high.

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