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(영문) 춘천지방법원 2013.12.18 2013노669
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any misunderstanding of facts about the victim's head due to the size of food.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, especially the witness D's statement at the court below, the statement in the medical certificate of injury, and the video of each photograph, etc., the defendant can be found guilty of all the charges of this case including the fact that the victim's head was damaged due to the fact that the defendant was at risk, and the above argument by the defendant

B. Regarding the assertion of unfair sentencing, although the defendant was deemed to have deposited KRW 2.5 million in the court below for the victim, the defendant may be punished for the same crime including five times of punishment and one suspended sentence, and the defendant again committed the crime of this case without being weighted even during the period of repeated crime due to the same crime. The crime of this case was committed in several times, which is a dangerous object, and the nature and circumstances of the crime are bad in light of the contents of the crime. The defendant escaped during the court below's trial, and the defendant does not reach an agreement with the victim, as well as other various sentencing conditions in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is recognized that the sentence of the court below is appropriate. Thus, the defendant's above assertion is not reasonable.

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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