logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.05.22 2015노500
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is too unreasonable in light of the fact that the defendant is against the defendant, and that the crime of this case is committed under the state of mental or physical disorder.

Considering the following circumstances: (a) the period of punishment for the Defendant is up to 10 times; (b) the statutory penalty for the crime of violation of the Punishment of Violences, etc. Act (a collective act of violence, such as a deadly weapon) among the instant crimes is imprisonment for a limited term of not less than one year; and (c) other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate and it cannot be deemed unreasonable.

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

However, inasmuch as it is apparent that the date and time of the crime in the lower judgment is a clerical error in the “20:40 on October 13, 2014” among the criminal facts of the lower judgment, it is apparent that it is a clerical error in the “20:40 on October 14, 2014,” and thus, it shall be corrected ex officio pursuant to

arrow