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(영문) 대전지방법원 2014.11.27 2014노2642
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) appears to have committed the instant crime in a somewhat contingent and contingent manner among the conflict with the victim F; (c) the Defendant’s mental health state appears not to be good; and (d) the Defendant has no record of having been punished as a sentence until now.

However, the crime of this case is an unfavorable circumstance to the defendant, such as: (a) the victim’s face, arms, etc. was displayed several times on the side, which is the dangerous thing of the defendant; and (b) the nature of the crime is not good; (c) the damage was not paid up until now; (d) the victims did not agree with the victims; and (e) there was a history of having been punished several times for the same crime.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 2 years of imprisonment to 4 years, from 4 years of special injury, from 1 to 4 years of special injury (special injury), decision-making (basic area), and the scope of the recommended sentence (2 to 4 years), and comprehensively taking account of all the sentencing conditions such as Defendant’s age, character and conduct, environment, circumstances surrounding the instant crime, and circumstances before and after the instant crime, it is not recognized that the sentence of the lower court that sentenced the statutory minimum sentence is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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