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(영문) 수원지방법원 2015.05.21 2015노1808
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits each of the instant crimes by drinking alcohol and contingently, supporting the mother, and causing damage to the victims of assault, the sentence of the lower court that sentenced eight months to imprisonment is too unreasonable.

2. The judgment of the court below is that each of the crimes of this case was committed by the defendant with a beer who is a dangerous object within the main place, and it is not good that the defendant interfered with the police officer's performance of official duties after receiving a report, and that the defendant committed each of the crimes of this case during the repeated crime period. On August 26, 2008, the defendant was sentenced to imprisonment for 8 months due to the violation of the Punishment of Violences, etc. Act (an act of violence against groups, deadly weapons, etc.) at the women branch court of Suwon District Court, and there are several criminal records; the victim D and F expressed their intention that the defendant does not want to be punished is already reflected in the court below. In light of the motive and circumstance of each of the crimes of this case, the circumstances before and after the crimes of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and nature of the defendant and the environment of the defendant in the records and arguments of this case, there is no reason for appeal.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so decided as per Disposition.

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