폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, suspension of execution for two years, probation, community service for not more than 120 hours and an order to attend violent therapy for not more than 40 hours) of the lower court is too unreasonable;
2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the instant crime by assaulting the victim E while under the influence of alcohol; (b) the Defendant was under the influence of alcohol and there are circumstances to be considered in light of the circumstances; (c) the degree of damage was not much serious; and (d) the Defendant agreed with the victims.
On the other hand, this case is an unfavorable circumstance to the defendant, for the following reasons: (a) the defendant inflicted an injury on the victims of beer disease, which is a dangerous thing; (b) the crime is inferior in light of the method of crime or the part of damage; and (c) the defendant has been punished several times of violence.
In addition to the above various circumstances, the lower court sentenced to discretionary mitigation and a suspended sentence against the statutory punishment (limited to imprisonment of not less than three years) against the Defendant, and comprehensively taking account of the sentencing conditions indicated in the instant case, such as the Defendant’s age, occupation, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable.
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.