beta
(영문) 대전지방법원 2014.02.06 2013노2587

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged to have led to the confession and reflect of each of the crimes of this case. On the other hand, each of the crimes of this case is highly severe in light of the crime method, the degree of damage, the risk of crime, etc. by purchasing gasoline for the reason that the defendant abusedd the victim D without any particular reason while under the influence of alcohol and adding it to the victim I, which was moving out of the restaurant, in preparation for fire prevention, and adding it to the dangerous articles, and thereby causing injury. It is not clear that there was no agreement with the victims until now, and there was no record of criminal punishment several times due to the same violence in the past, and considering all of the sentencing conditions such as the age, character and conduct, environment, criminal records, etc. of the defendant's age, character, criminal records, etc., the defendant's assertion is too unreasonable since it is not reasonable for the court below's punishment.

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.