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(영문) 의정부지방법원 2013.12.13 2013노1620

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year and six months, the suspension of execution of three years, the community service hours of 80 hours) that the court below made is too unreasonable.

2. The judgment of the court below made an agreement with the victim on the confession of the facts charged of this case, and the crime of this case was committed in violation of the Act on Punishment of Violences, etc..., and the defendant was committed in excess of his body fighting with excessive intimidation by the victim, and cut off [it is difficult to believe the crime in light of the fact that the defendant was investigated by the police but the defendant was stated to the effect that he did not have the victim's own name when he was investigated at the time of the time of the trial, but that the defendant was be laid down in excess of the victim's excessive length while he was trying to deduct the victim's excessive length (the record 45 pages)]. However, considering the circumstance that the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) was committed in violation of the above provision of Article 3 (1) and Article 2 (1) 3 of the Act on Punishment of Violences, etc., and even if the defendant was sentenced to imprisonment for a limited term of more than three years and less than one year and six months, the defendant's more favorable punishment.

3. Conclusion, the defendant.