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(영문) 광주지방법원 2014.11.13 2014노2084

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for crimes No. 1 in the original judgment and one year of imprisonment with prison labor for crimes No. 2 and No. 3 in the original judgment) is too unreasonable.

2. The court below seems to have recognized all of the facts constituting the crime of this case when the defendant was in the court of trial, and agreed with the victim G, F, J, L and L only smoothly at the court below, and the crime of assault, etc. which became final and conclusive on June 23, 2012 in the decision of the court below, as well as the crime of assault, etc. which became final and conclusive on June 23, 2012 in the judgment of the court below, should take into account in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act. However, in light of the facts that the defendant was punished for violent crimes of this case 19 times and that the defendant was sentenced to suspended sentence four times, and in light of the number of crimes, damage level and degree of damage, etc. in the case of the crime of Article 1 of the decision of the court below, it is not good that the crime is committed, and it is not sufficient that the defendant paid at the victim E at the expense of the victim E investigation agency.

(Evidence Records Nos. 296). In the case of crimes Nos. 2 and 3 of the judgment of the court below, the fact that the above judgment was set during the suspension period of execution of the crime of assault, etc. for which the above judgment became final and conclusive, the victim G and F seems to have suffered serious pain due to the defendant's crime. In addition, considering all of the sentencing conditions of the case, including the defendant's age, character and conduct, the background and result of the crime of this case, and the circumstances after the crime, the court below's punishment is too unreasonable. Thus

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.