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(영문) 인천지방법원 2015.06.19 2015노1292
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is unreasonable.

2. It is recognized that the judgment was based on the fact that the defendant recognized the crime of this case, and that the defendant agreed smoothly with the victim.

However, the crime of this case is a case where the defendant inflicts bodily injury on the victim by means of taking the head of the victim beyond the victim's body, which is a dangerous thing, and the nature of the crime and the criminal situation are very good, and the degree of injury to the victim due to the crime of this case is a significant factor. In particular, as mentioned by the court below, the defendant is subject to repeated criminal punishment (limited to a continuous fine and a suspended sentence, 4 times the suspended sentence is imposed) due to the same crime, but it is judged that the risk of repeating the crime of this case is very high. The sentence against the defendant is inevitable, and the sentence is imposed on the defendant is inevitable, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, the circumstances of the crime of this case, and the circumstances after the crime, etc., are considered.

Even if the sentence imposed by the court below is too unreasonable, it is difficult to accept the defendant's argument of unfair sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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