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(영문) 전주지방법원 2014.06.13 2014노228
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment, two years of suspended execution, probation, and community service order 80 hours of imprisonment) is too unreasonable.

2. The judgment of the court below is contrary to the recognition of all the crimes of this case by the defendant, and it is recognized that the victim wanted the defendant's wife by agreement with the victim, but this case is not proper since the defendant carried with himself a dangerous object and threatened the victim who is a spouse and a female vulnerable to the crime with respect and consideration, and thus, the quality of the crime is not good. In the case of a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), since the statutory punishment of the crime is more than three years, the punishment imposed by the court below is limited to the maximum punishment imposed by the defendant, as well as all the circumstances that are conditions for sentencing, such as age, character and behavior, living environment, family relationship, motive, means and consequence of the crime, etc., which are considered to be unfair since the sentence of the court below is too excessive. Thus, the above argument by the defendant is not acceptable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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