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(영문) 춘천지방법원 강릉지원 2007.12.04 2007노306
폭력행위등처벌에관한법률위반(집단.흉기등상해) 등
Text

The defendant's appeal is dismissed.

10 days out of the number of days of confinement before the pronouncement of this judgment shall be punished by the original judgment.

Reasons

The gist of the grounds for appeal by the defendant is that, in light of the following: (a) although the defendant was under the influence of alcohol at the time of the crime in this case, the court below erred in the misapprehension of the judgment, which affected the conclusion of the judgment, and (b) the defendant divided his mistake into and violates depth; (c) is currently conducting the current qualification examination for licensed real estate agents; and (d) is making efforts to agree with the victims, the sentence (two years and six months of imprisonment) of the court below is too unreasonable.

Therefore, in light of the records, it is found that the defendant was under the influence of alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions, so the above argument of the defendant is without merit.

Second, considering the argument of unfair sentencing, even if the defendant's assertion is considered, the defendant does not have the career of having been punished several times due to the same kind of violent crime but has caused each of the crimes in this case without being involved in the period of repeated crime, and considering the other conditions that form the basis of sentencing, such as the defendant's age, character and behavior, environment, occupation, etc., the sentence of the court below is too unreasonable. Therefore, the defendant's argument is not reasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and one hundred days out of the number of days of confinement before this decision is rendered in accordance with Article 57 of the Criminal Act shall be included in the punishment of the court below. It is so decided as per Disposition

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