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(영문) 춘천지방법원 2014.03.19 2013노868
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months, confiscation) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant agreed with the victim, such circumstances are considered in full at the court below, and there is no change of circumstances in the trial, on the other hand, in light of the type of crime and the degree of damage, etc., the crime of this case has been punished several times including the defendant, and the defendant has committed the crime of this case without being aware of the punishment during the period of suspension of execution of the same crime, and the court below has already sentenced the lowest punishment among the applicable sentencing range through discretionary mitigation, and in consideration of the motive and background leading up to the crime of this case, the situation after the crime of this case, the age of the defendant, character and conduct, etc., and other various sentencing conditions in the records, such as the defendant's age, character and environment, it is not recognized that the sentencing of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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

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