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(영문) 대구지방법원 2015.03.13 2014노4428
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty against the defendant is not the defendant but D, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence of two and a half years of imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. In the judgment of the court below regarding a mistake of facts, the defendant argued that he was not the defendant, and the court below rejected the defendant's argument in detail under the title "whether the defendant has reached the victim G with a deadly weapon," and comparing the above judgment of the court below with records, the judgment of the court below is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding of facts, and therefore, this part of the defendant's argument is without merit.

B. The degree of injury of the victim to the decision on the recommendation of unfair sentencing is not significantly significant; the victim does not want the punishment; the crime of this case is committed under favorable circumstances such as the defendant's age, character and conduct, environment, motive, means and result of the crime of this case; and the records and arguments of this case, such as the defendant's age, character and environment, motive, result and result of the crime of this case, and circumstances after the crime of this case, are all the circumstances that are shown in the records and arguments of this case, such as the crime of this case. The defendant was committed again without care during the suspension of execution due to the crime of violation of the Punishment of Violences, etc. Act (joint intimidation).

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