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(영문) 수원지방법원 2013.04.11 2013노331

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The defendant asserts that the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and two years of suspended execution) imposed by the court below are excessively unreasonable.

2. In light of the fact that the court below's sentencing is unfair in light of the following facts: (a) the defendant was committed by a two-time open top room, etc. requiring the victim to take a medical treatment for about two weeks; and (b) the prosecutor charged the defendant at a rate of 3 years of imprisonment; (c) the defendant was the first offender; (d) the defendant was the victim and the second offender; (e) the victim was sent the defendant to a mental hospital; and (e) the victim was sent the defendant to the mental hospital, the defendant committed the crime of this case by breaking it; and (e) the victim was not punished against the defendant; and (e) the victim was forced to take such measures as the victim's failure to take such measures as discretionary mitigation, even if the court below's maximum statutory top time is considered as one year and six months of imprisonment.

3. If so, the defendant's argument is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.