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(영문) 대전지방법원 2014.08.12 2014노209

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and six months of imprisonment, three years of suspended execution) is too unreasonable.

Judgment

A favorable situation is that the defendant led to the confession of the crime of this case and reflects his mistake in depth, the victim has not been punished against the defendant, and the defendant has no record of being punished for the same crime.

However, the crime of this case is not punishable by taking into account the following factors: (a) the criminal liability of this case is heavy in light of the method of the crime, such as inflicting an injury on a victim on the wall, which is a dangerous object of the defendant; and (b) the first fighting is reconciliation even if the victim was induced; (c) the defendant attacked the victim first after the settlement; and (d) the degree of the injury inflicted on the victim cannot be said to be less severe; and (e) all the sentencing conditions such as the defendant’s age, character and behavior, environment, motive, means and consequence after the crime; and (e) the range of the recommended sentence according to the sentencing guidelines of the Sentencing Commission; and (e) violent crime group, type 1 (special mitigation of habitual injury), special mitigation factors (where punishment is not imposed or considerable damage is recovered), determination of the recommended area; and (e) the scope of recommendation (one year to two years and six months).

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.