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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2014.06.26 2014노1216
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include the confession of the instant crime and the fact that the Defendant appears to repent of his mistake, the fact that there was no criminal record for the same kind of crime, and the fact that the Defendant’s health is not very good due to the rock, etc.

However, the court below seems to have mitigated the minimum of statutory punishment (three years of imprisonment) by fully taking into account the circumstances favorable to the defendant, and determined the punishment of this case. The crime of this case is deemed to have been committed by the defendant, taking into account the following factors: (a) the crime of this case was committed by the defendant's last day through a very knife and implicit string of the head of the victim several times; (b) there was no special motive for the crime; and (c) there was no special motive for the crime; and (d) there was no agreement with the victim or no recovery from damage until the trial; and (e) there were no other factors such as the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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