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(영문) 부산지방법원 2015.01.30 2014노4393
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and six months) of the original judgment is too unreasonable.

2. The offense of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. among the instant crimes is a crime falling under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act, and the statutory penalty is imprisonment for a limited term of at least three years.

In this case where there are no other legal grounds for discretionary mitigation, even if mitigation is conducted, the lower sentence of the above crime shall be sentenced to one year and six months, and since the Defendant committed the above crime during the period of repeated crime, it cannot be sentenced to a suspended sentence as he committed the above crime, it is not permitted to sentence a minor punishment or sentence a suspended sentence.

Therefore, the defendant's assertion is without merit without further review.

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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