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(영문) 서울중앙지방법원 2015.01.15 2014노4146
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances: (a) there exists a force to commit the instant crime with regard to violence more than tens prior to the commission of the instant crime; (b) the instant crime was committed by the victim by taking the victim’s math as the main illness, which is a dangerous object, and thereby causing injury to the victim; and (c) the statutory penalty is stipulated as imprisonment for a limited term of not less than three years; (d) the punishment imposed by the lower court constitutes the lowest penalty within the scope of the punishment imposed by discretionary mitigation as to the statutory penalty of the instant crime; and (e) comprehensively taking account of the motive for the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, and criminal records, and other various circumstances that are the conditions for sentencing

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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