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(영문) 수원지방법원 2014.02.13 2013노6190
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in light of all the sentencing conditions, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is divided into and against the defendant's wrong, and the crime of injury by carrying a deadly weapon among the crimes of this case was committed by the defendant while pointed out that the defendant's tobacco dose to the victims who are juveniles, and as a result, the defendant's behavior was committed with violence, there is room for little consideration in the process of the crime. The crime of violence by carrying a deadly weapon appears to have committed violence against the above victim contingently while the defendant drinking together with the victim G. The above victim did not want the punishment of the defendant at the court below, which is favorable to the defendant.

However, the insertion used in the crime of bodily injury is considerably dangerous, and the degree of injury of the victims actually caused by it is not less than that of the previous victims, and the defendant has the history of having been punished for violent crimes, as well as that of the previous victims, which is highly likely to be subject to criticism without serious reflect, even though it is under the probation period. In the case of the crime of bodily injury carrying with a deadly weapon of this case, the punishment of the court below is the imprisonment with prison labor of not less than three years, which is the lowest punishment determined for discretionary mitigation, and in full view of all other sentencing conditions such as the defendant's age, character, conduct, environment, etc., it is not unreasonable that the sentence imposed by 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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