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(영문) 창원지방법원 2014.08.14 2014노982

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal is the confession and reflect of the defendant; (b) the defendant is not subject to the punishment of the defendant by agreement with the victim A; (c) the defendant suffers from the escape symptoms and the donation of the defendant; and (d) the defendant is at the location to support the child's young children, the punishment sentenced by the court below (two years of suspended execution in one year and six months of imprisonment; (b) the probation and the community service order is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime was committed by the Defendant, even when considering the following circumstances: (a) the Defendant collected 쇠s, which is a dangerous object at his body fighting with the victim as a matter of the Defendant’s carrying waste at his house; (b) took one time at the victim’s head head part of the victim’s head while fighting; (c) causing injury to the victim, such as cutting off the body of the victim’s head other than the first 4 weeks’ head part of the victim’s head, which requires approximately four weeks medical treatment; and (d) the case was not less than that of the victim; (d) the Defendant had been punished several times due to violent acts (one time of suspended sentence of imprisonment and four times of fine); and (d) the lower court’s most of the sentence was suspended, taking into account the Defendant’s favorable circumstances, and the Defendant’s character, conduct and environment, the background and consequence of the instant crime, and circumstances in the records and arguments after the instant crime, and thus, the Defendant’s allegation that the above Defendant’s punishment is unreasonable.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.