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(영문) 수원지방법원 2015.03.11 2014노6583

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. It is reasonable to consider the fact that the Defendant confessions all of the instant crimes and reflects them.

However, the crime of this case is a case where the defendant inflicts bodily injury on the victim by making the victim head several times, which is a dangerous thing, and the nature of the crime is extremely poor, the defendant did not receive a letter from the victim, and does not take any measures to recover damage. The defendant is punished for suspended execution due to a crime similar to the crime of this case in the past, and the crime of this case falls under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, including the fact that the statutory punishment is set at imprisonment for a limited term of not less than three years, and the crime of this case is set at a limited term of not less than three years, and the defendant's assertion is not acceptable. Thus, the defendant's argument is not accepted.

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