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(영문) 창원지방법원 2014.02.19 2013노2343
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than 4 months (the second half of 2013) and imprisonment for not more than 10 months, the suspension of execution for not less than 3 years (the second half of 2013) and Defendant H: imprisonment with prison labor for not less than 8 months and the suspension of execution for not less than 3 years) are too unreasonable.

2. Determination

A. The Defendant recognized the instant crime against Defendant B, and the fact that the Defendant agreed with the victims is favorable to the Defendant.

However, the crime of this case is committed repeatedly by the Defendant, such as confinement, public conflict, injury, and obstruction of business with accomplices, and the crime is not organized and the degree of damage is also not limited, and the quality of the crime is very high.

In addition, considering all of the sentencing factors in the arguments of this case, including equity between the defendant's age, family environment, and circumstances before and after the crime, where the defendant has continuously committed violent crimes since 2011 and has not been aware of during the period of suspension of execution due to violent crimes, and where it is judged simultaneously with the crime for which judgment has become final and conclusive, it is not recognized that the sentence against the defendant is too unreasonable.

B. The fact that the Defendant recognized the instant crime against Defendant H is favorable to the Defendant.

However, the crime of this case is committed repeatedly by the defendant, and its nature is not good, such as where the method of crime is organized and the degree of damage is not small.

In addition, considering all of the sentencing factors in the pleadings of the instant case, including the fact that the Defendant has continuously committed violent crimes since 201 and the crime for which judgment has become final and conclusive at the same time, equity in the case where the Defendant is judged, and the Defendant’s age, family environment, and circumstances before and after the crime, it is not recognized that the Defendant’s punishment against the Defendant is too unreasonable.

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