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(영문) 부산지방법원 2015.09.04 2015노2214
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the defendant recognized all of the crimes of this case and reflected, the fact that the defendant's health condition is not good, and the defendant's hanging will well care for the defendant in the future.

However, in light of the following circumstances: (a) the crime of this case was committed by the Defendant with a knife or knife who is a dangerous object while living together with assaulting the victim and threatening a public official performing his duties; (b) the Defendant was subject to punishment for the same kind of criminal offense; (c) the Defendant had already been punished several times; and (d) the Defendant is deemed to have sentenced to the maximum punishment within the scope of mitigation of the amount by taking into account the favorable circumstances of the Defendant; and (d) other circumstances, including the Defendant’s age, environment, family relationship, and circumstances leading to each of the crimes of this case, and the circumstances before and after the commission of the crime, the lower court’s punishment cannot be deemed to be unreasonable because it is excessively unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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