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(영문) 서울동부지방법원 2015.06.05 2015노167

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment with prison labor for two years) is too unreasonable;

2. In light of the following factors: (a) the victim provided the motive for the Defendant to commit the instant crime; (b) the Defendant deposited KRW 3 million for the victim F, and KRW 2 million for the victim E at the lower court; (c) the victim E does not wish to punish the Defendant; (d) it cannot be justified that the Defendant committed the instant crime for his remedy for infringement of rights; (b) the degree of the Defendant’s act, the degree of the damage to the victims, the degree of the damage to the victims, and the fact that the Defendant was punished four times, including the same kind of crime, by a fine for a limited term of not less than three years; and (c) it cannot be deemed that the lower court’s punishment that sentenced the suspension of execution within the scope of the applicable sentence 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.