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(영문) 인천지방법원 2015.10.23 2015노3124
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The facts that the defendant led to the confession of the crime of this case and reflected in the judgment on the grounds of appeal are favorable circumstances.

However, in full view of the following: (a) the nature of the instant crime is bad in light of the developments and contents of the instant crime; (b) the victim’s injury is relatively heavy; (c) the victim’s severe mental suffering is apparent due to the instant crime; and (d) the Defendant did not make any effort to recover damage; (c) the Defendant has been subject to criminal punishment for the same kind of crime; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age and behavior environment; and (e) the circumstances before and after the instant crime, it is difficult for

3. According to the records of judgment on the application for compensation order, the application for compensation order in this case is not clear in the scope of the defendant's liability, and it is not reasonable to issue a compensation order in the criminal procedure.

4. If so, the defendant's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application of the applicant for compensation is dismissed in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and is so decided as per Disposition.

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