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(영문) 서울동부지방법원 2013.04.11 2013노19
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 80 hours of community service order) of the lower court is too unreasonable.

2. There is a favorable circumstance to consider the defendant, such as the fact that the defendant, on behalf of the investigative agency, the court below, and the court of the trial, had shown that he had committed a crime, and had taken the attitude that the victim was not punished by the victim by agreement with the victims.

However, the crime of this case is not likely to be a crime against minors with a deadly weapon, such as hacks, saws and hacks, and require money, and it seems that the victims ageed have suffered a considerable mental fear and impulse. The sentencing of the court below seems to have taken into account all the above favorable circumstances. Taking into account all the circumstances indicated in the records and arguments, such as the age, character and conduct, environment, occupation, power, circumstances of the crime of this case, means and consequence, etc., the sentence of the court below is too unreasonable.

3. Accordingly, 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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