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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노355

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The circumstances favorable to the defendant include the confession that the defendant led to a crime and reflects his depth, the victim's punishment is not applied to the defendant, and the health status is not good.

On the other hand, the defendant has already been punished several times for the same crime, and committed the crime of this case again during the suspension of the execution of imprisonment for the same crime, and the defendant committed the crime of this case on the grounds that he was dead, and the defendant committed a serious injury requiring medical treatment for about five weeks by displaying a deadly weapon to a victim, and threatened a young student with a dangerous object, which is disadvantageous to the nature of the crime and the fact that the crime is very poor.

In addition to the above various circumstances, the lower court’s sentence is too unreasonable in light of the following: (a) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (b) comprehensively considering the various sentencing conditions indicated in the instant case, such as the following circumstances: (c) the Defendant’s age, character and conduct; and (d) the motive, means and consequence of the instant crime.

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.