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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노313
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant only had a plastic physical disease affected the victim, and there is no free disease or remaining, etc., which is a dangerous object.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in August, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, that the defendant led to the confession of the crime in the court of the court below, and that the victim F made a specific and consistent statement in the investigative agency that "the defendant was suffering from the harm of plastics while leaving the victim," it can be sufficiently recognized that the defendant used this part of the facts charged to the effect that the defendant committed violence against the victim of the glass cup, which is a dangerous thing.

This part of the defendant's assertion is without merit.

B. There are favorable circumstances for the defendant, such as the fact that the defendant committed the instant crime in a contingent manner under the influence of alcohol, the fact that the defendant agreed smoothly with the victims, and that there was no direct damage on the body of the victims.

However, the crime of this case is an act of assaulting a person or destroying property with another person in danger of the defendant, and the nature of the crime is poor, and the defendant has a record of having been punished several times as an act of violence, and the court below, in addition to the above various circumstances, sentenced a punishment within the scope of discretionary mitigation in the statutory punishment against the defendant. In full view of the sentencing conditions of this case, such as the defendant's age, occupation, motive for the crime, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

3. Conclusion.

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