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(영문) 대전지방법원 2014.05.21 2014노470

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

It is advantageous to the fact that the defendant reflects his mistake, the victim E, H and was fully agreed and paid the agreed amount, the degree of injury of the victims is not much severe, and there is no penalty.

However, each of the crimes of this case is stipulated as a limited term of at least three years in consideration of the following facts: (a) the defendant was denied access from the victim E, and the defendant was waiting for the victim E until the victim retired; (b) the victim was injured by attacking the victim E; and (c) the head of the competent authority did not file an application for registration of transfer of ownership of a motor vehicle without a driver's license; and (d) the victim H was injured by carrying dangerous articles in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) by him/her; (b) the defendant continued to find the above main points from around 2012; (c) the defendant was issued a suspended sentence on November 20, 2012; (d) the defendant demanded an employee to be on credit at the above main points; and (d) the defendant again took advantage of his/her mental distress on November 20, 2012; and (e) he/she was punished by a fine of at least 30/100 of the instant goods.