beta
(영문) 대전지방법원 2015.04.02 2014노3820

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant reflects the crime, that the defendant agreed with the victim C, and that the defendant's health is not good.

However, the defendant was sentenced to imprisonment on July 28, 201 at the Daejeon District Court for the same crime in the past and on July 15, 201, and was released from office on July 15, 2013, and then did not know himself/herself during the repeated crime period, and the damage was not received from the victims other than one victim as agreed, and the damage seems not to have been recovered. The first crime (violation of the Punishment of Violence, etc. Act) within the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee is deemed not to have been recovered. The first type of violent crime, general injury crime, the decision of the recommended area, the sentencing range of recommendation (the same as an injury, the same kind of repeated crime), the second crime [1] under Article 2 of the Punishment of Violence, etc. Act (the scope of imprisonment with prison labor for six months or less), the term of imprisonment with prison labor for the same crime 】 six years or more, the term of imprisonment with prison labor for the same crime / six months or more, the term of recommendation or punishment [16 months or more].

3. The defendant's appeal for conclusion is without merit, and Criminal Procedure Act.