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(영문) 의정부지방법원 2015.04.10 2014노2858
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized the instant criminal facts and reflects the Defendant; (b) there are circumstances that may take some of the circumstances into account due to contingent crimes; and (c) the agreement with the victim is recognized as the favorable circumstances to the Defendant.

However, in light of the means, methods, and degree of damage, the nature of the crime of this case is not less than that of the defendant, the defendant has been punished several times for the same kind of violent crime, and the court below seems to have sentenced the lowest sentence of the recommended sentence set by the sentencing guidelines, considering the various circumstances of the defendant, and there are no special changes in circumstances that may vary between the court below and the court below, and other circumstances, such as the defendant's age, occupation, character and behavior, character, intelligence and environment, motive, means and consequence of the crime of this case, family relationship, and circumstances after the crime, etc., the sentence imposed by the court below is not deemed to be unfair because it is too inappropriate. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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