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(영문) 대구고등법원 2013.10.17 2013노415

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. The Defendant recognized that all of the instant crimes were committed, thereby opposing his mistake.

These circumstances are favorable to the defendant.

However, the defendant was sentenced to a suspended sentence of imprisonment on two occasions, and was sentenced to a fine on several occasions due to obstruction of performance of official duties, assault, injury, etc.

The crime of this case is not suitable for committing the crime of this case, such as assaulting the victim, interfering with his duties, and causing injury to the victim in knife, which is a deadly weapon, on the ground that the victim reported the defendant to the police.

The injury suffered by the victim is an open room for the left-hand side requiring treatment of approximately four weeks, and the degree of the injury is not limited, but has not been agreed with the victim.

These circumstances are disadvantageous to the defendant.

There is no special change in circumstances in the past.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as well as the fact that the lower court sentenced the lowest sentence of the recommended sentencing guidelines, it is not recognized that the lower court’s punishment is too unreasonable.

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.