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(영문) 대전지방법원 2015.09.03 2014노3263

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no record of criminal punishment in Korea; (c) the Defendant appears to have committed the instant crime in a contingent manner while dissatisfied with the assault first from the victim; and (d) the Defendant also suffered an injury due to the victim’s assault.

However, the crime of this case is deemed to have been committed in favor of the defendant by lowering the part of the victim head in light of the risk of the form of the crime, etc., the liability for the crime was heavy, the defendant did not agree with the victim, and the damage was not recovered, and there was no change in the circumstances after the decision of the court below, and there is no change in the sentence after the decision of the court below, and all of the sentencing conditions including the defendant's age, character and behavior, environment, motive for the crime, means and consequence, circumstances after the crime, etc., the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing guidelines for the crime of this case, violent crime group, habitual injury, repeated injury, repeated crime, special injury type 1 (Habitual injury, repeated injury, special injury), special person (where there is considerable responsibility for the occurrence or expansion of damage), the decision of the recommended area, and the scope of the recommended sentence (i.e., January 16 to February 26).

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.