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(영문) 수원지방법원 2015.03.19 2015노296
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) against the Defendant, and the fact that the Defendant committed the instant crime by contingency under the influence of alcohol, and that the Defendant supported his young children, the lower court’s sentence that sentenced one year of imprisonment is too unreasonable.

2. The crime of this case is determined based on the following factors: (a) the Defendant 2 times the head of the victim’s body due to the main illness; (b) the Defendant 2 times the face of the shouldered glass angle; and (c) the nature of the crime is not good; and (d) the victim did not recover from damage up to the trial; and (c) other factors, which are conditions for sentencing, such as the motive and background of the crime of this case; (d) the circumstances before and after the crime of this case; (e) the degree of damage; and (e) the Defendant’s character and conduct, and the environment, etc. as shown in the records and arguments of this case, are considered, taking into account all the circumstances alleged in the grounds for appeal, it cannot be deemed unfair since the

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

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