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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.05.02 2013노766
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced sentence of the court below (six months of imprisonment) is too unreasonable.

2. Even if considering the favorable circumstances of the defendant, such as the fact that the defendant had no record of the same kind of crime against the defendant, the fact that the defendant agreed with the victims, and that the defendant repented in depth of his mistake, the crime of this case is of the character of retaliation crime, and the motive for the crime of this case is not good, and the crime of this case is not good. The crime of this case is committed before three months have passed since the judgment of a separate suspension of execution against the defendant became final and conclusive, and it is committed during the suspension of execution period, and it is considered that the crime of this case was committed during the suspension of execution period. In full view of all such factors as the circumstances and methods of the crime, the age, character and conduct of the defendant, family environment, circumstances after the crime of this case, etc., the sentence of the court below against the defendant is proper.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the phrase "the proviso of Article 42" in the proviso of Article 37, Article 38(1)2, Article 50, the proviso of Article 42 of the Criminal Procedure Act among concurrent offenders shall be deleted and corrected ex officio, and the phrase "the proviso of Article 42" shall be deleted and corrected.

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