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(영문) 서울남부지방법원 2014.06.26 2014노650

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (one and half years of imprisonment, and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The crime of violation of the Punishment of Violences, etc. Act (abrupt by a collective weapon, etc.) is punishable by imprisonment with prison labor for at least three years, and even if the court reduces the amount of punishment, the lower sentence is one year and six months.

The lower court sentenced a sentence in consideration of the following: (a) the details of the crime; (b) the circumstances after the crime; and (c) the Defendant’s past records, etc. were subject to discretionary mitigation; and (d) the maximum sentence was determined; and (c) the degree of injury inflicted upon the victim by the instant crime was not recovered,

In light of the records and the reasons for sentencing of the court below, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion cannot be accepted.

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