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(영문) 창원지방법원 2013.04.19 2013노32
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years of suspended sentence in one year and six months of imprisonment) is too unreasonable.

2. Although there are no circumstances to consider the circumstances, such as the confession and mistake of the defendant, the fact that the defendant made a confession of the crime of this case and made an erroneous agreement with the victim, the fact that the disabled class 4 was physically disabled persons, the health of the disabled class, and the fact that the economic situation seems difficult, the defendant had been punished several times for the same crime, the victim was first her beer and sick, but the defendant was first her beer and sick, but it is difficult to view that there are circumstances to consider the circumstances of the crime in light of the fact that the defendant was her desire to take care of the victim, and that the defendant was the head of the victim who was willing to return to the crime of this case, the balance between other similar cases and the sentencing, and other sentencing conditions of the defendant's age, character and behavior, intelligence and environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the defendant's assertion is too unreasonable.

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

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