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(영문) 울산지방법원 2013.12.13 2013노854

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

(2) On December 23, 2010, the Defendant and his defense counsel had been punished more than 20 times due to the Defendant’s violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) and again committed the instant crime during the period of repeated punishment after being sentenced to imprisonment for 10 months on December 23, 2010 and the execution of the sentence was completed, taking into account the following circumstances: (a) the Defendant committed the instant crime under the influence of alcohol; (b) the Defendant’s failure to obtain use from the victim; and (c) the Defendant inflicted injury upon the victim by taking the head of the right head of the victim by the arrest warrant (75 cm in the blade length); and (d) the Defendant committed the instant crime under the influence of the Defendant’s punishment of Violence, etc. Act (collective, deadly weapons, etc.), and (c) the Defendant did not appear to have been sentenced to imprisonment for a limited term of more than 3 years; and (d) the Defendant did not appear to have any legal character and conduct.

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.