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(영문) 대구지방법원 2016.03.31 2015노4881

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The fact that the defendant recognized all of the crimes of this case and reflected the mistake is favorable to the defendant.

On the other hand, on June 11, 1991, the defendant committed each of the crimes of this case against the victim, who was first considered to be bad, on the ground that he committed each of the crimes of this case on the ground that he was sentenced to imprisonment with prison labor for the commission of assault at the Daegu District Court on December 15, 199; imprisonment with prison labor for the commission of murder at the same court on December 15, 199; imprisonment with prison labor for the commission of murder at the Daegu High Court on June 24, 201; imprisonment with prison labor for the commission of murder at the Daegu High Court on June 24, 2010; imprisonment with prison labor for the commission of murder at 12 times; the defendant did not know even during the repeated crime period; the defendant committed each of the crimes of this case on the ground that he was bad, and the defendant did not recover from damage to the victim.

Considering the above circumstances and various circumstances, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.