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(영문) 서울남부지방법원 2015.07.16 2015노594
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, probation, and community service order for one hundred and sixty hours) sentenced by the court below, and in particular, the community service order portion is too unreasonable.

2. In light of the purport of the community service order system (in lieu of detention of a criminal who has been recognized as a crime, by ordering him/her to engage in a normal social life in lieu of confinement to a prison, and at the same time, performing a functions of punishing him/her by ordering him/her to engage in a normal social life with no remuneration for a given period of time, and at the same time performing a function of compensating and deceiving him/her to society, reconciliation with the society, and convergence with the society), and the conditions of sentencing as indicated in the instant records and arguments and the reasons for sentencing in the judgment of the court below, even considering the circumstances asserted by the defendant as grounds for appeal, it cannot be deemed unfair since the sentence of the court below is too unreasonable.

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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