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(영문) 수원지방법원 2015.07.17 2015노2409

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant can be considered, such as the fact that the defendant recognized the crime and reflects it, and that there is an economic difficult situation.

On the other hand, the defendant has already been punished by imprisonment with prison labor, imprisonment with prison labor, etc., on the other hand, five times the criminal records of the same kind of crime, and there are many circumstances unfavorable to the defendant, such as the defendant's failure to agree with the victim, etc.

In this context, considering the following factors: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., various conditions of sentencing, including circumstances after the crime, and the fact that the lower court has set a sentence lower than statutory punishment until the crime was mitigated, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.