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(영문) 대구지방법원 2013.05.30 2012노4090
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months, a suspended sentence of two years, a community service work time of 80 hours, confiscation) imposed by the court below is too unreasonable.

2. The circumstances leading to the instant crime are as follows: (a) the Defendant reflects the instant crime; (b) the Defendant appears to have committed the instant crime while failing to restrain appraisal by the victim who was in a relationship with the husband; and (c) there are some circumstances to consider the circumstances leading to the instant crime.

However, the defendant's crime of this case is not easy to say that the defendant's crime of this case caused an injury to the victim for about 30 days due to the erobbbru (70 m in length) prepared in advance.

The statutory penalty for the instant crime is imprisonment with prison labor for not less than three years, and the lower court, in consideration of the favorable circumstances in the Defendant, determined the minimum imprisonment with prison labor for not less than one year and six months within the scope of the term of punishment, and suspended the execution of the said punishment for two years. There is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment

In addition, examining the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, and method and result of the crime, it is difficult to deem the sentence of the court below is too unreasonable.

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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