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(영문) 인천지방법원 2014.04.24 2014노718
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below led to the confession of the defendant to commit the crime and reflects against the victim. The defendant agreed with the victim in the trial. However, the defendant has been sentenced to imprisonment for 10 months, 2 years of probation, 8 months of imprisonment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act due to the violation of the Road Traffic Act. In particular, the defendant was sentenced to imprisonment for drinking driving at the Incheon District Court on January, 1998 and was sentenced to imprisonment for 6 months and 1 year of suspended sentence at the appellate court on January, 199, but he was sentenced to imprisonment for 6 months and 1 year of suspended sentence at the appellate court, but there was a history of punishment again for drinking driving. The crime of this case is also a case where the defendant caused an accident while driving under drinking, and the nature of the crime of this case is not good, such as the defendant intentionally receiving the victim's vehicle after the defendant caused the accident, and the defendant's age, character and behavior, home environment, motive and method of the crime, various circumstances after the sentencing agreement of the defendant.

Even if the sentence of the court below is too unreasonable, it is not determined that the sentence of the court below is 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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