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(영문) 의정부지방법원 2016.06.21 2016노843
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) is too unreasonable for the lower court’s punishment (one year of imprisonment, two years of suspended sentence, observation of protection, community service, 120 hours of attendance order, and 40 hours of violence treatment lectures).

2. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, that the defendant has no record of the same crime above the suspension of execution, and that he agreed with the victim.

B. However, the Defendant inflicted bodily injury upon the victim's head due to a fluoral disease, which is a dangerous thing, and the crime was extremely bad, and the victim was subject to a fluoral surgery by tearing his head. In full view of the following circumstances, the degree of injury suffered by the victim is not somewhat weak, there is no special change in circumstances after the decision of the court below was made, and other circumstances, which are conditions for sentencing specified in the argument of this case, including the defendant's age, background of the crime, and circumstances after the crime, etc., even if considering the above circumstances favorable to the defendant, the sentence of the court below is too unreasonable.

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

3. 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. It is so decided as per Disposition.

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