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(영문) 인천지방법원 2017.01.13 2016노4573
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below has a favorable condition to the defendant, such as the fact that the defendant recognized his mistake and reflects, agreed with the victim, etc. However, the crime of this case is committed unilaterally by the defendant with the co-defendants of the court below without any particular reason in light of the circumstances, method, risk, etc. of the crime, the crime of this case is considerably poor in quality of the crime, the crime of this case is deemed to have been committed by the defendant and the co-defendants of the court below, and the defendant has a record of criminal punishment several times due to violent crimes, and the defendant has committed the crime of this case again without being informed of the period of repeated crime due to the crime of violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.), and other factors, such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime, degree of participation in the crime, degree of participation in the crime, equity in punishment among the accomplices, circumstances after the crime, etc., and all of the sentencing elements of this case.

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

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