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(영문) 수원지방법원 2014.03.17 2014노150
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is somewhat excessive to display a fire extinguisher to defend the defendant when the victim F when the defendant was committed, and thus, considering the above excessive defensive aspect, the court below's punishment (one year and six months of imprisonment) is too unreasonable.

2. However, it is difficult to view the Defendant’s crime of this case as an excessive defense, and furthermore, even if the Defendant had been punished several times by imprisonment with prison labor for the same kind of crime, the Defendant committed the crime of this case during the repeated crime period, and the Defendant’s punishment imposed by the lower court is mitigated by discretionary mitigation of the lower statutory penalty, and thus, is the statutory minimum sentence, and the Defendant’s age and behavior environment, motive, means and consequence, etc., as a whole, and all the sentencing conditions indicated in the records and arguments of this case, including the records and arguments, even though considering that the Defendant is divided into the instant crime and the victim F is not punishable by the Defendant, the lower court’s punishment 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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