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(영문) 창원지방법원 2014.12.04 2014노2131

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized all his mistake and reflected his mistake.

However, the crime of this case includes three times of imprisonment, imprisonment without prison labor, two times of suspended execution, which became final and conclusive on November 6, 2013 due to the crime of injury, and thus causes injury to the victim requiring medical treatment for about two weeks due to the crime of injury. The defendant was investigated at the police station due to the crime of injury, which is a dangerous object. The defendant did not suffer injury but did not reach an agreement with the victim up to the trial. The defendant already has three times of criminal punishment (7 times of imprisonment, imprisonment without prison labor, one time of suspended execution, two times of suspended execution of imprisonment, and 20 times of fine) or three times of criminal punishment (including the past three times of imprisonment with prison labor, one time of imprisonment with prison labor, two times of suspended execution of imprisonment with prison labor, and two times of fines similar to the crime of this case; the defendant's act of violence, etc., which was committed in violation of the Punishment of Violences, etc. similar to the crime of this case; the circumstances and arguments of the court below concerning the crime of this case's new punishment or changes in the circumstances after the crime of this case;

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

However, among the judgment below, the application of statutes.