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(영문) 서울북부지방법원 2015.10.23 2015노1274

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below does not have extenuating circumstances such as the confession of the crime of this case and the depth of the crime of this case, the defendant seems to have caused the crime of this case by contingently under the influence of alcohol at the time, the defendant's age is still long, and there is no record of punishment or suspension of execution except for the punishment of fines twice. However, the crime of this case has been committed several times with the victim's disease, which is a dangerous object on the ground that the victim talks about the defendant's loan. Furthermore, the crime of this case goes against the face of the victim several times, and the crime of this case is very serious, and the method and method are cruel and dangerous, and the victim did not agree with the victim until now, or did not recover from damage entirely. It is acknowledged that the defendant's punishment was imposed by discretionary mitigation in consideration of the defendant's strong favorable circumstances in the court below, and the defendant's health, character and behavior, circumstances, family relation, etc. of this case's crime of this case is too inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.