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(영문) 대전지방법원 2015.04.23 2015노91

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (10 months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no record of the same kind of crime; (c) the victim does not want punishment against the Defendant; and (d) the Defendant is under the influence of alcohol and commits the instant crime in a

However, the Defendant, as a dangerous object, sustained bodily injury in light of the victim’s head head. In light of the risk of the type of crime, the liability for the crime of this case is not less and less severe; the Defendant did not know about the crime of this case during the repeated crime period; the Defendant committed the crime of this case after the sentence of the lower judgment; there is no change in circumstances to change the sentencing after the sentence of the lower judgment; various sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime of this case; and the scope of the recommended sentencing guidelines according to the sentencing guidelines of the Sentencing Commission for the crime of this case from 1 year and 6 months to 1 year and 6 months to 16 months to 1, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court is too unreasonable.

3. 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. It is so decided as per Disposition.