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(영문) 춘천지방법원 강릉지원 2013.07.23 2013노77

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. There are circumstances favorable to the defendant, such as the fact that the defendant did not unilaterally assault the victim at the time of the crime, but the victim was threatened and threatened by the defendant, the defendant's mistake has been divided later, and the defendant has contributed to the local community due to the activities of voluntary crime prevention guards.

However, in full view of all the sentencing conditions, including the fact that the Defendant committed the instant crime without being aware of the offender during the period of repeated crime, the degree of injury suffered by the victim due to the instant crime, even though the degree of injury is not weak (see, e.g., Investigation Records 23), and the fact that the damage has not been recovered until now, the sentence of the lower court is too unreasonable.

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.