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(영문) 인천지방법원 2015.12.18 2015노3975
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant led to confession of and reflect against the instant crime; (b) the fact that the quality of the instant crime is inferior in light of the background or content of the instant crime; (c) the Defendant did not agree with the victim; and (d) the Defendant committed the instant crime on February 2, 2012; (b) the Defendant was sentenced by the Seoul Southern District Court on February 2, 2012 to imprisonment with prison labor for robbery and three years and six months; and (c) the Defendant committed the instant crime during the repeated crime period after the enforcement of the sentence was completed; (d) the instant crime committed by the lower court with imprisonment with prison labor for a limited term of not less than three years is the lowest sentence that has been sentenced to discretionary mitigation; and (e) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, family environment, and circumstances before and after the instant crime, it cannot be

3. If so, 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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