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(영문) 서울남부지방법원 2017.03.30 2016노2097
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is against the Defendant’s depth of the instant crime, the instant crime was committed by contingency, the victim’s degree of injury is minor, and the victim’s location is difficult to reach an agreement because it is difficult to find out, the Defendant has no record of crime and is expected to be forced to leave the instant case, and thus there is no risk of recidivism. In light of the fact that the Defendant’s father’s illness was deep, the sentence imposed by the lower court (one year of imprisonment) is too excessive, and thus, the suspended sentence is sentenced.

2. The crime of this case is very poor in the nature of the crime as it assessed the snow part of the victim with beer and beer.

When the Defendant was indicted for the instant crime, the Defendant was locked, and did not properly implement the measures for recovery from damage up to the trial.

On the other hand, the defendant recognized the crime of this case for the first time, and is in depth divided.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the various circumstances asserted by the Defendant on the grounds of appeal, as well as the age, sex, environment, motive, means, and consequence of the instant case, including favorable or unfavorable circumstances to the Defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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