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(영문) 창원지방법원 2013.10.17 2013노1038
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of suspended execution in one year and six months of imprisonment, and eight hours of probation and community service) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized the instant crime and reflects his mistake; and (b) the Defendant agreed with the victim.

However, the defendant has been punished several times due to the same crime, and the crime of violation of the Punishment of Violences, etc. of this case (a violation of the Act on the Punishment of Violences, etc. of Violences, etc. of this case (a collective weapon, deadly weapon, etc.) which inflicted an injury while carrying dangerous objects shall be punished by imprisonment with prison labor for a limited term of not less than three years. The court below sentenced two years to a suspended sentence in one year and six months, which is the maximum amount of imprisonment with prison labor upon discretionary mitigation. The court below comprehensively reviewed the defendant's age, character, character, character, intelligence and environment, motive, background, means, method, method and consequence of the crime, criminal records, and circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.

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