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(영문) 수원지방법원 2014.01.09 2013노4490

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

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

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

The favorable circumstances include the fact that the defendant agreed with the victim at the court below in a favorable manner, and the defendant has a criminal record of the same kind in the unfavorable circumstances, and the defendant has several times, and the crime of this case can cause irreparable damages to the victim if the defendant walknk knife the body of the victim. Thus, the violation of the Punishment of Violences, etc. due to Maternly Injury by Carrying a deadly weapon is three years, and the court below imposed the maximum punishment which has already been reduced by discretionary mitigation at the court below, and all the sentencing conditions 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., shall not be deemed to be heavier or less severe, in full view of all the sentencing conditions in the records and arguments of this case.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.