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(영문) 의정부지방법원 2014.11.28 2014노2235
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

At the end of the application column of the law of the court below, the addition of the attached details is added.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant appears to have led to the confession and reflect of the instant crime, and that the Defendant agreed both with the victims of the instant crime at the investigation stage and the original trial, etc. are favorable reasons for sentencing.

However, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable, considering the following: (a) the Defendant used the so-called “fame violence” without any justifiable reason; (b) the Defendant had a record of criminal disposition such as suspended sentence due to the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, occupation, details of the instant crime

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is obvious that the part of discretionary mitigation is omitted in the application column of the law of the court below. Accordingly, pursuant to Article 25 (1) of the Rules on Criminal Procedure, it is decided as follows: (a) ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, the attached details are added to the end of the application column of the judgment below.

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