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(영문) 인천지방법원 2013.04.26 2013노895

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In full view of the following circumstances: (a) the nature of the instant crime was inferior; (b) the damage recovery was not achieved for a long time; (c) the statutory punishment was set for a limited term of at least three years; (d) the Defendant committed the instant crime during the period of repeated crime; (b) the Defendant was sentenced to a discretionary punishment by taking account of the circumstances favorable to the Defendant; (c) the lower court sentenced the sentence by discretionary mitigation; (d) there was no special relation or change of circumstances that may be additionally considered in the trial; and (e) other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, criminal record, circumstances after the commission of the instant crime; and (e) the motive and circumstance of the instant crime, etc., the Defendant’s sentence imposed by the lower court is too unreasonable. Therefore, the 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.