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(영문) 수원지방법원 2014.06.19 2014노1189
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal asserts that the punishment of the lower court (two years of imprisonment, three years of probation, three years of probation, probation, 160 hours of social service, one year and six months of probation, two years of probation, and 80 hours of social service) is too unreasonable.

2. Determination

A. Although there are circumstances under which the Defendant agreed to the Defendant A, who inflicted both bodily injury with the Defendant who was the victim, the above injury case was first caused by the Defendant’s injury to the said B, the Defendant inflicted an injury on the said B by using beer disease, which is a dangerous object, and the Defendant attempted to assault the said B while being investigated by the police station, and the nature of the crime was very bad, and the Defendant committed an injury to the police officer who prevented the use of the said B. The Defendant’s act of violence was committed five times or more, and the Defendant was guilty of a suspended sentence of imprisonment, as well as other various circumstances under which the conditions of the argument and the sentencing indicated in the record of the instant case are considered, such as age, character and conduct, environment, circumstance, method and method of the crime, etc., the Defendant’s assertion is not accepted, and it is not unreasonable to the extent that the lower court’s punishment should be reversed.

B. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions indicated in the present arguments and records, the lower court’s punishment against the Defendant is somewhat unreasonable, in view of the following: (a) the Defendant was a primary offender with no criminal power; (b) the Defendant was frighted against the Defendant’s violence against the Defendant, the victim; (c) the Defendant was leading to the instant crime; and (d) the agreement with the said victim; and (c) the Defendant entered a new company after retirement from the company accompanying the instant case and is living in the workplace.

3. Conclusion, Defendant A’s appeal is without merit.

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