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(영문) 춘천지방법원 강릉지원 2013.12.23 2013노482
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.

There are circumstances favorable to the defendant, such as the agreement with the victim of the board, the fact that the victim seems to have committed a contingent crime under the influence of alcohol, and the fact that the mistake is recognized and reflected.

However, the crime of this case does not know the defendant during the period of repeated crime and damages the sound and front glass window of the restaurant operated by the victim without any particular reason, and the liability for the crime is not less severe; the court below sentenced the punishment corresponding to the lower limit of the punishment after discretionary mitigation; and considering all other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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