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(영문) 대구지방법원 2013.04.05 2012노2789
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the lower court on the Defendants (three years of suspended execution in one year and six months of imprisonment, and one hundred and twenty hours of community service) is too unreasonable.

2. Although the defendants led to the confession of the crime of this case, deposited a certain amount for the victim, Defendant A did not have any criminal records exceeding fines, Defendant B did not have any specific criminal records, the defendants are able to resist the crime of this case, and even though the crime of this case was committed in the police stage, the whole crime of this case was denied at the police stage, and there was no fact that there was no fact that the victim was an empty disease at the prosecution stage.

Considering the fact that the court below made a confession only when it reached the court below, that the motive or the nature of the crime of this case is considerably poor, that there is no yet tolerance from the victim, and that Defendant A was sentenced to the suspended sentence due to the crime of injury in 2011, and Defendant B was sentenced to the suspension of indictment for the crime of violence in 2010, and that Defendant B again committed the crime of this case even though the Defendants were under the direct action by the court or the prosecutor, and thus, Defendant B was subject to the suspension of indictment for the crime of violence in 2010, it cannot be deemed that each sentence imposed by the

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

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