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(영문) 대구지방법원 2013.09.27 2013노2419
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) by the lower court is excessively unreasonable.

2. Determination

A. It is recognized that the defendant led to an attempted crime and the defendant was assaulted by the victim, and that the defendant seems to have committed an contingent crime after drinking alcohol at the time of the crime in this case.

However, it is not determined that the sentence of the court below is too unreasonable in view of the Defendant’s character and behavior, environment, motive, means and method of the instant crime, circumstances after the instant crime, etc.

B. Therefore, the defendant's assertion is without merit.

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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