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(영문) 인천지방법원 2013.05.10 2013노877
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The fact that the judgment does not have the same criminal power for the defendant, and that the defendant deposited KRW 500,000 with the criminal agreement amount in the first instance is favorable to the defendant.

However, in full view of the following circumstances: (a) the nature of the crime of this case is poor; (b) the Defendant committed the crime of this case without being able to take account of the Defendant’s age, character and conduct, environment, family relationship, criminal record relationship, circumstances after the crime, and motive and circumstance of the crime; and (c) the Defendant’s argument and the sentencing conditions indicated in the record, even if considering all of the circumstances alleged in the grounds for appeal, it cannot be deemed that the Defendant’s punishment imposed by the lower court is too unreasonable. Therefore, the Defendant’s assertion is groundless.

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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