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(영문) 대구지방법원 2014.01.23 2013노3684
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the fact that the defendant recognized a mistake and speaks against the defendant; (b) the fact that the defendant appears to have committed the instant crime in a contingent manner due to a somewhat under the influence of alcohol; and (c) the victim’

However, the crime of this case was committed on December 20, 201, by using dangerous articles to the victim due to his minor reason, and assaulting the victim while the victim is driving away from the victim. The defendant was sentenced to a suspended sentence of three years on December 20, 2012 due to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and committed the crime of this case without being aware of the fact that the judgment became final and conclusive on December 28, 2012, and was in suspension of execution.

In full view of the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, the circumstances surrounding the instant crime, and circumstances revealed in the records and pleadings, it is not determined that the sentence imposed by the lower court is too unreasonable.

Defendant’s assertion is without merit.

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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