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(영문) 의정부지방법원 2015.12.01 2015노2696
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, and that the victim did not want to be punished by the Defendant by mutual consent with the victim, and that the victim committed the instant crime by breaking the Defendant’s blicker, first of all, the victim committed the instant crime.

B. However, on October 26, 2012, the Defendant was sentenced to imprisonment for 6 months with prison labor due to larceny, etc., and the Defendant committed the instant crime during the repeated crime period, and the Defendant was committing the instant crime, and the Defendant committed a single-name “Maerber blade” to the victim’s head and chest part of the victim’s breast part, thereby committing the crime. The nature of the crime is bad. The lower court sentenced to the maximum punishment against the Defendant, which was sentenced to a limited mitigation, twice a suspended sentence, twice a fine, four times a sentence due to larceny, etc., and other circumstances favorable to the Defendant, such as the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, etc., are considered, and thus, it is not determined that the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant as seen earlier.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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