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(영문) 춘천지방법원 강릉지원 2014.06.25 2014노175

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant include: (a) the confession and reflect of a crime by the defendant; (b) the victims are not subject to punishment by the victim; (c) the victims appear to have reached an contingent crime under the influence of alcohol; and (d) there are family members to support the crime of this case.

However, the crime of this case was committed on the grounds that the defendant was killed at the main point in the court, by using violence due to a portable gas gas, etc., which is a dangerous object against the business owner and his employees, and thus, the nature of the crime is not good. The defendant has been punished several times for the same crime, and the defendant committed the crime of this case during the period of repeated crimes for which approximately six months have passed since he was sentenced to a violation of the Punishment of Violences, etc. Act (injury by collective weapons, etc.), and the execution of the punishment was completed. The court below, taking into account the circumstances favorable to the defendant, sentenced the lowest statutory punishment mitigated, and sentenced the lowest punishment by reducing the minimum statutory punishment, and taking into account various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, it cannot be deemed that the court below's excessive punishment is 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.