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(영문) 서울중앙지방법원 2015.01.08 2014노3696
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and six months of imprisonment, three years of suspended execution, and 200 hours of community service) declared by the court below is too unreasonable.

2. The crime of this case is a case where the principal of a dangerous object gets a wound to the victim's head and brut the victim's head, and the crime of this case was committed by assaulting another victim to display a shoulderer disease, and the nature of the crime is very heavy in light of the form of crime and the risk of the method of the crime, and the crime of violation of the Punishment of Violence, etc. Act (injury to a collective weapon, etc. by carrying dangerous object) which inflicts bodily injury on a person by carrying the dangerous object is provided for in the statutory punishment for a limited term of not less than three years. In light of various sentencing factors, the court below ordered a community service for 200 hours when sentenced to the punishment for the crime of this case to suspend the execution of imprisonment with prison labor for a limited term of not less than one year and six months, which is the lowest punishment for the punishment of the above crime, taking into account the circumstances such as the defendant's previous conviction, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal.

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