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(영문) 의정부지방법원 2015.09.02 2015노1069

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 40 hours of community service and lecture attendance order) of the lower court is too unreasonable;

2. The judgment that the defendant is both recognized to commit the crime and reflects the fact that the above victim has not been punished against the defendant under the agreement with the victim D is favorable to the defendant, or that the crime of this case is likely to obstruct the business of the defendant while assaulting a restaurant operator and reporting his/her business without any special reasons, such as being drunkd at a restaurant, without any special reasons, and thus, it cannot be said that the defendant has been subject to punishment for several violent crimes, and even in 209, there has been the history of punishment for violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.), the criminal records of the defendant including the fact that the defendant has been sentenced to suspended sentence for the same crime, circumstances leading to the crime, method and consequence of the crime, circumstances after the crime (such as behavior after being arrested as a flagrant offender; 9 pages). The sentencing guidelines of the court below is not subject to punishment such as imprisonment with prison labor for 1 year or more, 2 years or more, 1 year or more, 4 years or more;

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.