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(영문) 수원지방법원 2014.07.10 2014노2581
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and eight months) is too unreasonable.

2. The judgment of the court below reflects the defendant's wrongness through a prison life for not less than seven months, and there are family members who have to support the defendant and his wife, and there are many other circumstances such as the defendant's family members and his wife who want to support the defendant. However, even though there are several criminal records of the same kind including two times of punishment and one time of suspended execution, the defendant again commits the crime of this case during the period of repeated crime of the same kind of crime, which exceeds the limited interest rate, and taking into account other various factors prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, and environment, as shown in the records and arguments of this case, it is not unreasonable for the court below's punishment against the defendant is too unreasonable.

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

(However, pursuant to Article 25 of the Regulation on Criminal Procedure, Article 25 of the Act on Registration of Credit Business, etc. and Protection of Finance Users (Article 19 (2) 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users) of the part of “the pertinent Article of the Act and Selection of Punishment of Criminal Facts” in the application of the written judgment of the court below ex officio

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