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(영문) 대전지방법원 2016.07.21 2016노1094

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment) is too unreasonable.

2. The judgment of the accused is against the law, and the record of punishment for violent crimes is not only once, but also once, and the fact that there is no record of punishment as a sentence is considered favorably.

However, in this case, it is not clear that the defendant, who is the cause of the organization of a violent organization, committed an act of violence against his members of another violent organization, in collusion with his members of the organization, who possess a dangerous object and drive away the victim's vehicle, and committed the crime of this case during the suspension period of the execution of this type of crime, etc., which is disadvantageous to the defendant. In full view of all the sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence, etc., the sentence of the court below is too unreasonable, and it is not recognized that the sentence of the court below is too unfair.

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