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(영문) 의정부지방법원 2013.07.11 2013노1016
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced sentence of the court below (two years of imprisonment) is too unreasonable.

2. It is reasonable to consider that the Defendant made a confession of himself/herself and reflects his/her mistake when he/she comes to trial.

However, in light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family environment, and circumstances after the crime, the sentence of the lower court against the Defendant is too unreasonable, in light of the following factors: (a) the crime of this case was committed against a female victim with a deadly weapon such as knife, and the victim was committed, and the nature of the crime was inferior; (b) the victim was committed for a long time; (c) the victim was suffering from mental pain up to now due to the Defendant’s crime; (d) the victim was not agreed with the victim; and (e) there was a majority of the victims.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio, the "the choice of imprisonment" at the end of the seventh sentence of the judgment of the court below is deleted, and the "the defendant's oral statement" is added to the summary of the evidence.

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