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(영문) 광주지방법원 2013.09.13 2013노1443
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the defendant suffered from a stimulative disorder at the time of the crime of this case, and there are favorable circumstances such as the fact that the defendant was suffering from a stimulative disorder at the time of the crime of this case, the fact that the defendant has led to a confession and reflect of all the crimes, and that the defendant

However, in view of the fact that the crime of this case committed in a restaurant where a large number of customers gather and threaten the worship of the victim by taking a large quantity of 35 cm in length, and that it may cause damage to the knife in the knife with the above knife, etc., and thereby, the risk of the crime may be high, and that the act of this case may cause damage to the knife by the knife with the knife in the knife, etc., the defendant’s act may cause serious disruptions to the victim’s restaurant business by taking advantage of the fact that the rest of the knife in the knife of the knife, which caused the knife to the knife of the knife, etc.,

In full view of these circumstances, considering all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, the defendant's assertion is without merit, since the court below's punishment 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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