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(영문) 수원지방법원 2015.10.30 2015노4736
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The fact that the judgment of the defendant led to the confession and reflect of the crime of this case, agreed with the victim, and that the family members and the branch members of the defendant want to leave the defendant's wife is favorable to the defendant.

However, it is not recognized that the sentence imposed by the court below is too unreasonable considering the following circumstances: (a) the defendant was under suspension of the execution of imprisonment three times with prison labor; (b) the defendant left to the crime of this case; (c) the defendant was under suspension of the execution of imprisonment with prison labor due to the crime of this case; (d) the place where the defendant was under suspension of the execution with prison labor for each item; and (e) the victim was a dangerous part of the victim’s body; and (e) the degree of injury cannot be deemed minor; and (e) the court below rendered a statutory minimum sentence for the defendant by discretionary mitigation; and (e) other circumstances, such as the defendant’s character and behavior, age, family relationship, motive and background of the crime, means and consequence

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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