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(영문) 의정부지방법원 2014.01.16 2013노2086
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) of the original judgment is too unreasonable.

2. Although the circumstances such as the fact that the victim's injury is not serious, that the defendant agreed with the victim, that the defendant supports children who are physically disabled persons of Grade II, that the defendant supports them alone, and that the defendant is against the defendant's mistake, the defendant has been punished several times as violent crimes, that the defendant committed the crime of this case without being sentenced to imprisonment with prison labor, that the defendant committed the crime of this case again without being able to have been released from prison labor due to violent crimes, that the defendant committed the crime of this case, that the defendant had a high risk of the act such as making the victim knife in favor of the victim, that the court below seems to have been punished by a fine in consideration of the circumstances favorable to the defendant, and that the court below is deemed to have already been punished by a fine in consideration of the defendant's age, character and behavior, occupation and environment, the circumstances and result of the crime, etc., the punishment of the court below is appropriate and too unreasonable.

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.

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