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(영문) 춘천지방법원 강릉지원 2014.04.02 2013노615
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the mistake of the defendant; (b) the defendant deposited one million won for the victim; and (c) the fact that the defendant has no criminal record of imprisonment or any heavier punishment.

However, in light of the fact that the defendant, who is a dangerous object for a minor reason, inflicted bodily injury on the victim by getting the head of the victim, did not agree with the victim, and that the court below decided to suspend the execution while sentenced the lowest reduction of the amount of punishment in light of the circumstances favorable to the defendant, etc., the sentence of the court below is too unreasonable.

3. As such, 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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