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(영문) 의정부지방법원 2015.02.13 2014노3091

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination is a favorable reason for sentencing, such as the fact that the Defendant led to the confession and reflect of the instant crime, that it appears that the victim was not in the location of serious injury due to the Defendant’s crime, and that the victim expressed his/her intent not to have the Defendant punished from the investigation stage.

However, the defendant has been subject to criminal punishment, such as suspended sentence, due to the same kind of crime, etc. over several occasions. Thus, even if all of the favorable sentencing grounds as seen earlier are considered, it is legally impossible to sentence a lower sentence than one year and six months to the defendant for the crime of this case. In full view of all the circumstances such as the defendant's age, character and behavior, environment, occupation, circumstance and contents leading to the crime of this case, and circumstances leading to the crime of this case, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.