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(영문) 전주지방법원 2016.04.22 2016노163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was found to have committed the instant crime when the judgment was made in the first instance, that the amount of damage for each of the instant crimes is not large amount, and that part of the victim does not want the punishment of the defendant.

On the other hand, the crime of this case was committed four times in soup by the defendant, such as soup, theft of smartphones, theft of goods from convenience stores using other person's debit cards, and assault, etc. to a restaurant operator who demands meal expenses, which is a person of a dangerous object, and thus has the record of criminal punishment on several occasions due to larceny, etc., and the defendant committed the crime of this case on September 11, 2013 by being sentenced to imprisonment with prison labor of six months from the Gwangju District Court for larceny to the suspension of execution and was sentenced to two years from the suspension of execution, but it was difficult to recover damage to victims until the trial of the case, and it is difficult to expect damage recovery in the future.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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