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(영문) 광주지방법원 2015.09.24 2015노2031
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and eight months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognized all his mistake, agreed with the victim F and G, and deposited KRW 3 million for the victim K is a favorable sentencing factor.

However, the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was in the period of suspension of execution due to the same crime, and the victim K wanted to punish the Defendant, etc. It is an unfavorable element of sentencing. The Defendant’s assertion is without merit, given that there is no change in circumstances that would change the circumstances that led to the occurrence of the judgment below and the punishment of this case, and other factors, including the background of the crime of this case, the circumstances after the crime, the Defendant’s nationality, age, character and conduct, environment, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (one year and six months to three years and six months).

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

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