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(영문) 대구지방법원 2013.09.05 2013노611

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the appeal is that the sentence imposed by the court below (two years of imprisonment with prison labor, two years of probation, two hundred hours of community service order, confiscation) is too unreasonable.

2. The fact that the judgment of the defendant recognized the mistake and reflects it, and that the defendant agreed smoothly with the victim is favorable to the defendant.

However, in light of the method of crime and the risk of the crime, the crime of this case was committed by the defendant with multiple knifes while being sealed with the victim, and the crime of this case was committed with poor quality in light of the method of crime and its risk, and the circumstances revealed in the records and arguments, such as the defendant's age, character and behavior, environment, background of the crime of this case, circumstances after the crime, etc., which are disadvantageous to the defendant, are not determined to be too unreasonable.

Defendant’s assertion 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.