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(영문) 창원지방법원 2015.01.29 2014노2667
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant does not want the punishment of the defendant by agreement with the victim E, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime was committed by the Defendant on October 26, 2013 on the ground that the Defendant was sentenced to one year of suspension of execution for the following reasons: (a) the Defendant’s head was the victim’s disease, which is a dangerous object that the victim took a bath by telephone; and (b) the victim was in need of approximately two weeks medical treatment; and (c) the case was not easy; (d) the Defendant had been punished several times in the past (one time of imprisonment, two times of suspended sentence of imprisonment, and seven times of fine). In addition, in particular, on March 20, 2013, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crimes, etc.) at the Changwon District Court M&D branch branch on March 20, 2013, which became final and conclusive on October 26, 2013; and (d) the lower court again committed the instant crime, taking into account the favorable circumstances of the Defendant’s given favorable circumstances.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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