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(영문) 수원지방법원 2014.03.13 2014노148
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of the court below is contrary to the defendant's consent to the crime of this case, and the victim seems to have paid excessive attention to the female-friendly district of the defendant, which led to the crime of this case, and there are some extenuating circumstances in light of the circumstances of the crime of this case. Meanwhile, the crime of this case is committed by the kitchen knife, which is the dangerous object of the defendant, causing knife on the left side of the victim. The crime of this case is not less severe than the nature of the crime, the defendant did not recover damage to the victim in addition to the payment of part of the medical expenses, and other sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, background, method and result of the crime, etc., and the situation before and after the crime, etc., it cannot be deemed unfair to impose

3. In conclusion, 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, the judgment of the court below is clearly stated that the "paragraph 2, Paragraph 1, Item 3" of Part 2 is a clerical error in Article 2 Paragraph 1, Paragraph 3 of the Rules on Criminal Procedure, and thus, it shall be corrected ex officio in accordance with Article 25 Paragraph 1 of the Rules on Criminal Procedure.

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