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(영문) 서울남부지방법원 2015.05.15 2015노73
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of 2 years and 6 months sentenced by the court below is too unreasonable in light of the following: (a) the defendant is against himself; (b) the victim in a pet relationship is aware of the fact that the victim in a petant relationship meets another male; and (c) the crime of this case is committed contingently by allowing the victim to receive medical treatment; (d) the victim is working to reach an agreement; and (e) the first offender is the first offender.

In light of the circumstances asserted by the Defendant, considering the fact that the risk of the instant crime was not written, even if the Defendant’s assertion was taken into account, the Defendant did not reach an agreement with the victim, and even up to the trial, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is appropriate, and it is not deemed unreasonable because it is excessively unreasonable.

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

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