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(영문) 인천지방법원 2015.06.19 2015노1290

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects on the fact that the Defendant has no criminal record exceeding the fine, etc. However, the instant crime is an unfavorable circumstance, such as: (a) assaulting the victim by using dangerous articles; (b) causing bodily injury to the victim; and (c) not having agreed with the victim.

In full view of all the circumstances as above, the lower court appears to have determined the sentence against the Defendant, and there was no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and in full view of the following circumstances, such as the degree of injury to the victim, character and conduct of the Defendant, environment, relationship to the victim, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court against the Defendant is deemed reasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.