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(영문) 수원지방법원 2015.06.18 2014노6728

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. In this case, it is true that the defendant committed the crime of this case in depth, in a somewhat under the influence of alcohol, it appears that the defendant committed the crime of this case in a contingent impulse, and there is a favorable circumstance such as that the victim and the victim do not want punishment against the defendant in the course of the investigation.

However, considering risks inherent in the crime of this case in light of the crime of this case, in full view of the following factors: (a) the criminal liability of the defendant is not easy; (b) the defendant has the record of criminal punishment such as suspended execution due to the same crime; and (c) the various conditions of sentencing as shown in the argument of this case, including the defendant's age, character, character, environment, family relationship, and circumstances after the crime, the court below's punishment is too

3. In conclusion, 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, in the application of the law of the court below, the "Act on the Punishment of Violences, etc." is obvious that it is a clerical error in the "former Punishment of Violences, etc. Act (wholly amended by Act No. 12896, Dec. 30, 2014)", and thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.