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(영문) 대구지방법원 2014.03.21 2013노3880

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of suspended sentence in one year and six months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession and confession of the instant crime, reflectiveness, and consent with the victims, the Defendant did not want punishment, and there is no record of criminal punishment exceeding the fine. However, the Defendant committed the instant crime even though he was under prior disposition by the court or the prosecution, and even if he was subject to a fine or a disposition to forward a juvenile protection case, he again committed the instant crime, and the lower court mitigated the minimum statutory penalty (three years), and sentenced the Defendant to the lowest sentence (one year and six months) and suspended sentence for it. Thus, the Defendant’s assertion cannot be deemed unfair because the Defendant’s punishment imposed by the lower court cannot be deemed 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.