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(영문) 춘천지방법원 강릉지원 2013.05.14 2012노419
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable;

2. The judgment is a favorable condition for the defendant, such as that the defendant was not punished against the defendant by mutual consent with the victim, and that the defendant is a juvenile.

However, among each of the crimes of this case, the crime of assault by carrying a deadly weapon is punished by imprisonment with prison labor for not less than one year, and the court cannot sentence a fine.

Therefore, it cannot be said that the sentence of the court below, which sentenced a suspended sentence, is too unreasonable considering the favorable circumstances after mitigation of juvenile crime.

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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