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(영문) 광주지방법원 2014.01.29 2013노2562
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (the two years of imprisonment, the three years of suspended sentence, the probation, the community service, the 80 hours, the defendant B, C, and D: the one year and six months of imprisonment, and the three years of suspended sentence) declared by the court below to the defendants is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendants were committed against the Defendants in confessioning the facts of the crime; (b) the Defendants were the first offender; (c) despite the fact that the Defendants agreed with the victims; (d) the Defendants jointly committed assault against the victims by using the wooden monet, which is a dangerous object, leading the victim’s human body, and leading the victim; (c) the extent of assault by the Defendants is heavy; and (d) the Defendants used the victim’s leading violence in this case; and (e) the statutory punishment for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, Etc. (a collective, deadly Weapons, etc.) was imposed a suspended sentence after taking into account the favorable circumstances for the Defendants; and (e) in particular, in the case of Defendants B, C, and D, the court below sentenced the suspended sentence of 1 year and six months, which is the lowest sentence imposed on the Defendants; and (e) the sentencing conditions specified in the records and arguments of this case, it is too unreasonable.

3. In conclusion, the Defendants’ 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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