logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.26 2014노4879
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence in one year and six months) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the defendant recognized the facts charged in this case and reflects his mistake; (b) the defendant deposited one million won for the victim; (c) the defendant did not agree with the victim; (d) the defendant did not agree with the victim; and (e) the defendant did not have any other changes in circumstances after the sentence of the judgment below; and (e) the defendant was punished twice for the same violent crime; and (e) the statutory punishment for the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) was imprisonment with prison labor for more than three years, with prison labor for more than one year and six months; (b) the court below, which did not have any other legal grounds, seems to have sentenced the defendant to the highest sentence in court by means of discretionary mitigation in consideration of the above favorable circumstances; and (e) other records and arguments, such as the defendant's age, character and conduct, environment, etc., it cannot be said that the defendant's punishment imposed by the court below is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

arrow