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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment of the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case was committed by the Defendant at the main point operated by the Victim H with no good for drinking alcohol, and the Defendant collected the main illness, which is a dangerous object on the table, on the ground that the Victim G, the said main point of the instant crime, was singing up to the head of G, and carried out two strings requiring treatment for about seven days for the victim. The Defendant interfered with H’s main business by force for about ten minutes, such as taking the strings on the table that occur at the seat where he was seated, and making the customers go on the string, thereby obstructing H’s main business by force for about ten minutes. The injury was insignificant, and the Defendant recognized the crime of this case, and there is no good health condition, and agreed with the victims.
In addition, the equity should be taken into account in the case of judgment at the same time with the crime of violation of the Punishment of Violences, etc. Act (injury by groups, deadly weapons, etc.).
However, the Defendant has been convicted of 20 times or more including several criminal records and ten or more criminal records of violence, and the Defendant committed again the instant crime while being tried for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), which is different from the instant case and the attitude of the act, and there is no particular change in circumstances that may be considered in sentencing after the sentence of the lower judgment.
In addition, considering the following circumstances, including the Defendant’s age, character, conduct and environment, the background, motive, means, and consequence of the crime, the circumstances after the crime, etc., as well as various conditions of sentencing as indicated in the instant records and pleadings, it is difficult to deem that the lower court’s punishment is excessively unreasonable.
Therefore, the defendant's assertion is without merit.
3. As such, 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.