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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.12.29 2015노5944
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The circumstances may be considered favorable to sentencing, such as the fact that the accused acknowledges and reflects the crime, the fact that the accused committed a contingent crime in the course of dispute with the victim, and the fact that the health status is not good.

However, there are many circumstances that are disadvantageous to sentencing, such as the fact that the defendant was sentenced to violent crimes and imprisonment several times, that the defendant committed again during the period of repeated crime resulting from the same crime, that the method of the crime in this case is cruel, that the victim was seriously injured, and that the victim did not agree with the victim.

In this context, considering the defendant's age, environment, motive, means and consequence of the crime, various conditions of sentencing, such as the circumstances after the crime, and the fact that the court below determined the punishment within the scope of the recommended sentencing guidelines, the sentence imposed by the court below is too unreasonable.

3. 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.

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