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(영문) 창원지방법원 2015.02.11 2014노2457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended sentence, probation, community service order 80 hours, confiscation) is too unreasonable.

2. The judgment of the Defendant is favorable to the Defendant, such as the fact that all of the instant crimes are recognized and the mistake is against the Defendant, that the victim wants to leave the Defendant’s wife by agreement with the victim, and that the Defendant’s health status is not good.

However, the crime of this case was committed by carrying a knife, which is a deadly weapon or dangerous object, and thereby damaging the victim's left-hand body and the right-hand body in need of treatment for about two weeks, and destroying one mobile phone owned by the victim. In light of the attitude of the crime, the crime was not committed, and the court below seems to have determined the punishment in full consideration of the circumstances favorable to the defendant, and there was no change in circumstances that may vary from the judgment below. The result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court (Scope of Recommendation: Imprisonment: between 1 year and 6 months, and 2 years and 6 months, considering the defendant's age, character and behavior, background, means and result of the crime, and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is unfair because it is too inappropriate.

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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