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(영문) 창원지방법원 2015.11.12 2015노1525
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment, two years of suspended execution, 80 hours of community service, 40 hours of law-abiding driving course) is too unreasonable.

2. The Defendant’s crime of inflicting bodily injury on a female victim is knife and face with an open door, and the method of committing the crime is dangerous and potential for criticism, and refusal of drinking alcohol measurement requires strict punishment for the crime that makes it impossible to regulate drinking driving itself.

In addition, the defendant has been punished several times for violent crimes, and has been punished for drinking and driving without a license.

In addition, while the defendant was under trial by the court below due to the crime of bodily injury, the defendant committed the crime of non-licensed driving of this case and refusal to measure drinking, and thereafter, the defendant was absent from the trial and was present at the trial after being detained.

Considering such unfavorable circumstances as the Defendant’s age, character and conduct, background of the crime, circumstances after the crime, etc., the sentencing of the lower court cannot be deemed excessively unreasonable even when considering favorable circumstances, such as the fact that the Defendant agreed with the victim without much weighting the degree of injury to the victim, and that the Defendant reflects the mistake.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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