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(영문) 의정부지방법원 2015.06.30 2015노1038
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Determination

A. The fact that the Defendant led to confession and reflects the instant crime, and that the victims and the Defendant agreed smoothly is favorable to the Defendant.

B. However, in light of the following: (a) the instant crime was committed on May 30, 2014; (b) the victims were faced with beer disease; (c) the victims were threatened with beerer disease; (d) damage to another person’s property; (e) interference with main business; and (e) the Defendant was committed several times of violence (one time of actual execution; two times of suspended execution; and (d) the Defendant was sentenced to imprisonment for the same kind of crime at the Seoul Northern District Court on May 30, 2014; and (e) the Defendant was punished for six months of suspended execution and two years of suspended execution; and (e) the instant crime was committed without being aware of the fact that the Defendant was still under suspended execution; and (e) other motive and circumstance leading to the instant crime; (e) the motive and circumstance leading to the instant crime; (e) circumstances leading to the instant crime; and (e) other various sentencing conditions specified in the argument in the instant case, even if the judgment of the court below becomes final and conclusive, it cannot be deemed unfair

C. Therefore, the defendant's above assertion is without merit.

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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