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(영문) 대전지방법원 2015.09.25 2015노2467
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and eight months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant made a confession of all crimes and agreed to the victim E and the victim E and the victim suffering from injury, and deposit KRW 350,00 for the victim J, and the Defendant’s health status is not good by suffering from an injury during military service as a person of distinguished service to the State.

B. Meanwhile, in light of the fact that the crime of this case committed by the defendant during the suspended execution period due to the same kind of crime committed by the victim, and the degree of injury to the victims, and repeated crimes committed by the defendant due to the damage of the goods, the crime of this case is not very good and thus, a sentence of punishment is inevitable.

In addition, considering the Defendant’s age, family relation, living environment, motive, details and result of the crime, and all of the sentencing conditions indicated in the instant case, such as circumstances after the crime, the lower court’s punishment is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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