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(영문) 서울동부지방법원 2014.09.19 2014노911
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below on the defendant (two years of imprisonment and of confiscation) is too unreasonable.

2. The judgment was made in favor of the defendant, such as the fact that the defendant was living in custody for a considerable period of time, and that the defendant committed the crime of this case under the influence of alcohol, and the degree of injury to the victim was not serious. However, the crime of this case is highly dangerous because the crime of this case has been committed several times, such as the head and face of the victim, who is the senior citizen, as a shelter for the main purpose of the defendant, which is a dangerous article without any reason, and the defendant has been punished twice as violent crime; the defendant has been punished twice as violent crime; damage has been recovered to the victim or has not been used until now; other unfavorable circumstances such as motive, means and result of each crime of this case; the circumstances after the crime; the age, character and conduct of the defendant; the defendant's age, intelligence, and environment; and the result of the application of the sentencing guidelines of the Sentencing committee of the Supreme Court, considering the result of the application of the sentencing guidelines of the Sentencing committee, the above assertion by the court below is too 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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