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(영문) 서울북부지방법원 2017.06.16 2016노1228

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 4,00,000) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and agreed with the victim; and (b) the Defendant suffers from her early illness; and (c) suffering from her early illness.

However, the instant crime was committed by the Defendant’s non-carbon firearms, which are dangerous objects, and the nature of the instant crime is not weak because it is likely to cause serious injury in the event of directly shooting the non-carbon face. There is no change in circumstances that may be considered as the grounds for sentencing since the lower court, and all other circumstances revealed in the instant argument, including the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and background of the crime, means, consequence, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

However, the judgment of the court below is correct ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, since there is a clear clerical error as follows:

Of the facts constituting the crime in the judgment of the court below, the defendant's error in the 2th page No. 4 was corrected as "the defendant's error in the 2nd page".