logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.09.19 2014노627
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused in the summary of the grounds for appeal (three years of suspended execution in one year and six months of imprisonment, forty hours of probation, violence therapy, and one hundred and sixty hours of community service) is too unreasonable;

2. The judgment of the court below partially recognized the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime late and reflects the defendant's late, that the victim does not want the punishment of the defendant, that the defendant was sentenced to imprisonment without prison labor or heavier punishment for a violent crime, and that the crime of this case seems to have been committed by contingency, etc. However, the above favorable circumstances appear to have been reflected in the court below. The crime of this case is likely to have been committed by the defendant's head due to beer disease, and it is highly dangerous, and the defendant did not seem to have an attitude against the defendant, such as the defendant's assertion that he had flatd and abused his head under the influence of alcohol at the investigative agency, while the defendant did not know that he was flatd, three times the records of punishment for the same crime, and other various circumstances, such as the defendant's age, character and behavior, environment, family relationship, circumstance after the crime, etc., the above argument of unfair sentencing is not reasonable.

3. In conclusion, 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.

[However, ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure, correction is made that "victim D (n, 43 years old)" was changed to "victim D (n, 55 years old)" in Part 21 of the first decision of the court below.

arrow