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(영문) 대전지방법원 2015.03.19 2014노3616
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years and eight months of imprisonment) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

It is favorable to the defendant that the defendant's mistake and reflects, and that the victims expressed their intention that they do not want punishment by mutual agreement with the victims.

However, the Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to a punishment for committing an injury by using the camping net, even though he/she had been sentenced to punishment for the crime, and was committed again during the period of repeated crime, and the Defendant was in the past trial process, and even if he/she was ordered to leave the organization and live faithfully, he/she appears to have failed to liquidate the life of a member of the aforementioned violent group until the date of the instant crime until the date of the instant crime, taking into account the unfavorable circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the lower court cannot be deemed to

In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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