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(영문) 광주지방법원 2014.12.26 2014노2672

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant appears to have recognized his mistake and against himself, and that the Defendant deposited 2 million won for the victim in the original trial, and that the Defendant agreed with the victim in the first instance trial is favorable.

On the other hand, the defendant was punished for the same kind of crime such as violation of the Punishment of Violences, etc. Act (at night) in 2004 and the punishment of each fine for injury in 2009. In 2009, the defendant exercised violence against the victim in 2009 and sent it to the Gwangju District Court as a home protection case. The defendant was deadly aware of the victim's neck, and the defendant was well aware of the victim's ear in knick knife and the damage of the victim was serious.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime, etc., all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, it is recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.