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(영문) 전주지방법원 2014.11.07 2014노765
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable in light of the gist of the grounds for appeal by the Defendant.

2. The judgment of the court below that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant agreed with the co-defendant B, which is the victim, and that the health condition is not good, but the crime of this case is deemed to have been inflicted an injury upon the victim's head by taking a look at the degree of half of the news reporting block, which is dangerous for the defendant, and the crime of this case is of significant nature. The crime of this case has already been punished by imprisonment with prison labor in consideration of the above favorable circumstances that the court below sentenced the suspension of the execution of imprisonment with prison labor with prison labor which was the minimum statutory punishment for the crime of three years, which has already been sentenced to a limited amount of punishment for the defendant in consideration of the above favorable circumstances. The defendant has the history of punishment several times for the same crime, and other various circumstances that are the conditions for the sentencing of this case such as the defendant's age, character and behavior, environment, family relationship

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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