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(영문) 광주지방법원 2015.04.29 2015노565

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected against the victim, and that the defendant agreed with the victim. However, the defendant committed the crime of this case at first against the victim on the day of the instant case without any special reason even though he was under suspension of execution. In addition, in full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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

[However, in the context of the application of the law of the court below, the term "the Punishment of Violences, etc. Act" is obvious that it is a clerical error in the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014). Thus, ex officio correction is made pursuant to Article 25 (1) of the Regulation on Criminal Procedure