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(영문) 창원지방법원 2014.12.10 2014노1341
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service) excessively unreasonable;

2. The crime of this case was committed by the defendant while drinking with the victim, resulting in an injury in the number of days of treatment to the victim by making twice the face part of the victim by a small-scale illness while drinking with the victim. It is recognized that the defendant recognized the crime of this case and reflects it, and that the defendant did not want the punishment of the defendant by agreement with the victim.

However, the defendant committed a serious danger in light of the means and methods of the crime, etc., and thus, the risk of the crime is considerably poor, and the defendant has been convicted of violent crimes nine times including robbery, bodily injury, and special obstruction of performance of official duties, etc. in the past. The crime of violation of the Punishment of Violences, etc. Act (injury by collective weapons, etc.) shall be punished for not less than one year and six months even if the statutory punishment is at least three years of imprisonment or more, and even if the punishment is mitigated, it shall not be punishable for more than one year and six months of imprisonment. The court below sentenced that the court below suspended the execution of the punishment for one year and six months of imprisonment, which is the lowest sentence, after taking full account of the favorable circumstances as seen earlier. Considering the above, it is difficult to see that the court below's sentence imposed on the defendant, by taking full account of all the following factors: the defendant's age, character and behavior, environment, circumstances leading to the crime in this case, how the defendant committed the crime, how to commit the crime, and circumstances after the crime

Therefore, the defendant's 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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