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(영문) 대구지방법원 2013.10.01 2013노2092

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment (one year and six months of imprisonment) imposed by the court below against the defendant is too unreasonable.

2. The circumstances are favorable to the following: (a) the Defendant’s mistake is divided and seriously against the Defendant; (b) deposited KRW 4050,000 for the victim D; (c) the Defendant was not subject to violence; (d) the Defendant was not subject to violence; and (e) the equity with the case of special larceny for which the judgment has become final and conclusive; and (e) the fact that surrounding persons, such as family, wanting to be aware

However, at night, the defendant did not come back with the female-friendly Gu, without permission from the victim's house, and forced the victims to assault the female-friendly Gu and forced them to enter the victim's house, and during that process, it is very inappropriate to use presses, etc. In particular, the defendant's crime committed the victim D with serious injuries to the extent that it is impossible to conduct ordinary activities, and the victims want to punish the defendant significantly.

In full view of the above circumstances, the defendant's age, character and conduct, environment, etc. as well as other circumstances shown in the records and arguments, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

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.