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(영문) 광주지방법원 2015.10.14 2015노324

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is too unreasonable.

2. The judgment of the court below seems to have recognized the defendant's mistake and reflect it, contingently lead to the crime of this case, the victim's punishment is not imposed by agreement with the victim, and there is no criminal record exceeding the fine, on the other hand, the victim's injury is not negligible, while the court below seems to have taken into account the above circumstances that are already favorable to the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below. In addition, taking into account the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable, and the above argument of the defendant is not reasonable.

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.