beta
(영문) 수원지방법원 2013.12.05 2013노4607

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

Judgment

Although considering the fact that the defendant's mistake is divided, the defendant has the same criminal records and does not reach an agreement with the victim, the crime of this case can cause irreparable damage to the victim if the defendant saw the back part of the victim's name as excessive, which is significant. The crime of this case in violation of the Punishment of Violences, etc. Act (injury to collective weapons, etc.) is a three-year minimum of statutory punishment, and has already been sentenced to the maximum punishment that has already been reduced by the court below at the court below, and in full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., it cannot be said that the punishment imposed by the court below is excessive.

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.