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(영문) 인천지방법원 2015.08.18 2015노2188
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment is based on the following: (a) the Defendant recognized the instant crime; (b) agreed with the victim; and (c) the victim did not have serious damage.

However, there was a record that the Defendant was punished several times for the same crime, and the crime of this case was committed in favor of the Defendant, which was dangerous objects, and thus, the nature of the crime is not good. In particular, as mentioned by the lower court, the Defendant committed the crime of this case even during the suspension of execution due to the crime of indecent act by compulsion, the sentence of sentence against the Defendant is inevitable, and considering all of the sentencing conditions specified in the argument of this case, including the Defendant’s age, character and conduct, the background of the crime of this case, and the circumstances after the crime, etc., the circumstances alleged by the Defendant should be considered.

Even if the sentence imposed by the court below is too unreasonable, it is difficult to accept the defendant's argument of unfair sentencing.

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

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