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(영문) 창원지방법원 2014.01.16 2013노2099
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. As to the assertion of unfair sentencing between the two parties of the judgment, the following facts are favorable to the defendant: (a) the confession and the reflect of the defendant; (b) the victim E and F of the crime of violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.); and (c) the victim does not want the punishment of the defendant by mutual consent with the victims; (d) the judgment of the court below which sentenced the defendant to imprisonment with prison labor on the defendant becomes final and conclusive, the sentence of suspended execution under the below against the defendant is invalidated; and (e) the defendant is obliged to lead a prison life by adding six months to the defendant; and (e) the defendant is located

On the other hand, each of the crimes of this case was committed by the victim E and F with a glass, which is a dangerous thing for the defendant to drink alcohol, and the strike was broken to the left hand of the victim F, etc. The victim was abused, and the vehicle without a driver's license even though he had already driven two times or more, was driven under the influence of blood alcohol concentration of 0.10%, and the case is not less than that of the vehicle without a driver's license. The driving of the vehicle is not only the driving under the influence of alcohol but also the crime that may threaten another person's life and body, and there is a need to strictly punish the case in accordance with the purport of the amended Road Traffic Act. The defendant was punished several times by imprisonment (the suspension of execution of sentence, 3.1.21.21.21.21.21.21.21.21.21.

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