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(영문) 서울중앙지방법원 2015.03.27 2014노4784
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant intentionally led the victim in a knife with a knife.

The Defendant was carrying the blades toward the Defendant’s body to cut off the knives. However, the Defendant suffered only the injury in the course of suppressing the Defendant.

B. The first instance sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, one of 120 hours of community service order, confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the defendant can fully recognize the fact that the victim's left side arms were knife and the intention of injury, as shown in the judgment of the first instance.

The defendant's assertion of mistake is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s assertion on unfair sentencing is against lawful compulsory execution, and the Defendant, under the direction of an execution officer, inflicted an injury on the victim under execution with a towing knife, a dangerous object, and the nature of

The statutory punishment for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) committed by the defendant is imprisonment for a limited term of not less than three years. The first instance court sentenced the maximum sentence to the punishment within the scope of discretionary mitigation, and there is no change in circumstances that differ from the first instance court and the judgment on sentencing.

In addition, in full view of the defendant's age, character and conduct, environment, records of crimes, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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