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(영문) 의정부지방법원 2015.04.24 2015노307
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the confession of the facts of the crime of this case and statement that the mistake is divided. The crime of this case is a contingent crime that the defendant committed while under the influence of alcohol for several years and under the mental treatment, and there are some circumstances to consider the circumstances of the crime, the economic situation is not sufficient, and the long-term detention of the defendant can involve excessive difficulty to his family members, etc. are recognized as the circumstances favorable to the defendant.

Meanwhile, in light of the content and method of the crime of this case committed by the defendant, the degree of damage, etc., the nature of the crime of this case is not less than that of the defendant, and there is a history of being subject to criminal punishment several times due to violent crimes, and there is a great possibility of criticism for recidivism during the period of repeated crimes, and there is little possibility of damage recovery in the future. The court below did not make a serious effort for victim agreement or damage recovery until now, and there is little possibility of damage recovery in the future. Considering the various circumstances of the defendant, the court below seems to have sentenced punishment for 2 years and 6 months within the scope of the recommended sentence set in the sentencing guidelines after discretionary mitigation in full consideration of the various circumstances of the defendant, and there is no special change of circumstances that may differ from the judgment of the court below, and the defendant's age, occupation, character, character and behavior, intelligence and environment, motive, means and result of the crime of this case, relationship with the victim, circumstances after the crime, health status, family relationship, and criminal record relationship.

3. As such, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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