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(영문) 수원지방법원 2013.10.17 2013노3602
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. One-time watch, although the defendant's mistake is recognized and reflects it, the defendant was only sentenced to a fine other than a suspended sentence of imprisonment for the same kind of crime in around 1993, and deposited 2 million won for the victim. However, all of these circumstances were considered in the court below and it appears that the defendant was sentenced to a sentence of a statutory minimum sentence mitigated for the defendant. The crime of this case is deemed to have been committed three times by beer disease, which is dangerous object, and the head part of the victim was over three times, and even if the risk was increased due to beer, the head part of the victim was over one time, and the face of the victim was opened (refer to evidence records 26 pages). In full view of all the circumstances such as the fact that the defendant did not be less easily agreed with the victim, the circumstance and contents of the crime of this case, the defendant's character and behavior, family relation, occupation, and occupation, etc., the court below's judgment's sentencing cannot be seen as an unfair sentence.

3. 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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