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(영문) 대전지방법원 2014.07.23 2014노1137
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment with prison labor for one year and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. It is recognized that there are favorable circumstances such as the fact that the defendant led to the crime of this case, the confession of the crime of this case and reflects the wrongness of the defendant, that the victim does not want the punishment against the defendant, that the victim does not want the victim's injury, that the defendant was injured by the fighting of this case without any relatively heavy degree of injury, that the defendant was injured by the fighting of this case, that the defendant was an opportunity for self-esteem and that the defendant was faced with the strictness of punishment through prison life for more than five months, that the defendant's wife wanted the defendant's wife against the defendant and did not repeat the crime, that the defendant's sibling who should support the defendant, and that there was a mother and China who should support the defendant.

However, in light of the following circumstances: (a) the Defendant was sentenced one year or more to imprisonment with prison labor for a violation of the Narcotics Control Act in Changwon District Court on July 1, 2009; and (b) the Defendant’s head was frightened on July 6, 2009; (c) the Defendant’s head was frightened; (d) the victim’s head was frightened; and (e) the Defendant was very dangerous crime; (e) the victim was suffering from the instant crime; (e) the victim was not previous, but there were many criminal records for the instant crime; and (e) the Defendant was 5 times criminal records; and (e) the Defendant was sentenced five years or more to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jinwon District Court on July 6, 2009; and (e) the sentence became final and conclusive on June 7, 2010; and (e) the Defendant committed each of the instant crimes, including the Defendant’s age and conditions of character and behavior.

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