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(영문) 광주지방법원 2013.03.27 2012노2387
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment and two years of suspended execution) imposed by the court below is too unreasonable.

2. The judgment of the court below is that the defendant recognized the facts of the crime and reflects the fact of the crime, the defendant has no special criminal record except five times a fine, the degree of damage is not more than two weeks a fine, the defendant committed contingent crimes at the end of the marital fighting under the influence of alcohol, the victim is recognized as not wanting the punishment of the defendant, but it is not good that the crime of this case is committed with bodily injury on the husband's face, which is dangerous objects. The statutory punishment of the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) is "a limited term of not less than three years", and the court below sentenced two years a suspended sentence to "one year and six months a prison term, which is the lowest sentence in favor of the defendant," and the court below sentenced two years a suspended sentence to the defendant's age, environment, personality and behavior, the circumstances and motive leading to the crime of this case, and the circumstances after the crime, etc. are not reasonable, and the above assertion by the court below is not justified.

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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