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(영문) 수원지방법원 2014.09.18 2014노4057
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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. The judgment of the court below leads to the confession and reflect of the crime of this case when the defendant was in the trial, and the defendant wants to take into account the fact that the defendant wants to take the defendant's wife by agreement with the victim. However, the defendant committed the crime of this case during the repeated crime period for the same kind of crime. The crime of this case is likely to threaten the victim as with a knife knife knife, which is a dangerous object. The crime of this case falls under Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act, and its statutory punishment is imprisonment with prison labor for more than one year, and the defendant has been punished for the same kind of crime, and the defendant has been punished for the same crime several times, and the defendant's argument is not accepted since the court below's punishment is reasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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