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(영문) 부산지방법원 2015.07.15 2015노1643

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.

2. The court below's reasoning is without merit, in light of the following: although the defendant did not want the punishment of the defendant by unanimous agreement with the victim B, the above victim does not want the punishment of the defendant; however, there is a criminal record of the same kind of crime against the defendant; the victim is injured by assaulting the victim with dangerous articles; furthermore, the crime is not good; considering the circumstances in which the defendant is already under contrary circumstances at the court below, the court below sentenced the lowest punishment that can be sentenced legally after reducing the aggravated statutory punishment; and considering all other matters concerning the sentencing specified in the records and arguments of this case, including the circumstances leading to the crime of this case, age, character and conduct, environment, circumstances after the crime, risk of recidivism, etc., the court below's punishment is appropriate, and thus, the defendant's argument is not justified.

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. It is so decided as per Disposition.

(However, among the criminal facts column of the judgment below, the victim described in Section 1-b (3) is corrected to add "I" ex officio.