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(영문) 수원지방법원 2015.01.08 2014노3460
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) asserts that the sentencing of the court below (two years of imprisonment, three years of suspended sentence, three years of probation, and three hundred hours of community service order) is too unreasonable, while the prosecutor asserts that the sentencing of the court below is too unfluent and unfair.

However, the Defendant committed the instant crime without being aware of the same offense during the period of suspension of execution due to the crime of bodily injury, and attempted to conceal the crime by requesting the relevant person to reverse his/her statement during the investigation process and eliminating CCTV images taken on the scene of the crime, etc.

On the other hand, the fact that the degree of injury suffered by the victim G is relatively minor due to the crime of this case, the fact that the defendant agreed with the victim and expressed his intent that the victim does not want to punish the defendant, the defendant seems to have committed contingent crimes, and the fact that the defendant was found to have committed a sudden crime, and that the defendant recognized and reflected late or later wrongs in the trial, etc.

In addition, considering all other circumstances that serve as the conditions for the sentencing specified in the instant case, the lower court’s sentencing is deemed reasonable, and it cannot be deemed that it is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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