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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.03.27 2014노366
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months imprisonment and one confiscated golf bond) is too unreasonable.

2. The judgment that the defendant reflects his mistake and repents, the defendant's health condition is not good, the victim's injury level is not severe, and the defendant expressed his intention that E, the victim of dangerous carrying and intimidation of this case, who is co-defendant of the court below, does not want punishment against the defendant on the first trial date of the court below is favorable to the defendant.

However, the Defendant committed each of the instant crimes even during the suspension of execution by committing multiple violent crimes and committing the same kind of crime. In particular, the act of breaking golf loans to the head, the inner part and the shoulder are extremely poor. The victims of this part of the crime are not agreed upon. The lower court’s punishment did not appear to have been the highest punishment within the scope of the punishment which reduced the amount of statutory punishment; the Defendant does not seem to have any other circumstance to suspend the execution of the punishment; and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc., as indicated in the records and arguments of the instant case, are considered to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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