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(영문) 춘천지방법원 2015.04.29 2015노160
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the lower court is too unreasonable.

2. There are extenuating circumstances for the defendant, such as the fact that the defendant is against himself and is divided, and that the victim of the crime of this case and the person who is the defendant wanting to take the defendant's seat, etc.

However, the crime of this case was committed on the part of the victim due to a smoke of a cigarette, but the nature of the crime is not less than that of the victim, the defendant has the criminal records related to several times of violence, and the defendant has a sentence imposed on the defendant for the same kind of crime, the defendant committed the crime of this case during the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), the defendant was requested to revoke the suspension of execution due to the crime of this case, but was dismissed upon the expiration of the period of suspension of execution, and other various conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair since the court below's sentence

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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