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(영문) 대구지방법원 2015.08.13 2015노2264
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects his mistake, and that the victim also did not want the punishment of the defendant under an agreement with the victim.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant committed the crime of this case against the victim's face due to his own illness and the danger is not good in light of the quality of the crime, the defendant's history of criminal punishment is possible, and the crime of this case again reaches the crime during the repeated crime period

After reducing the statutory penalty, the lower court sentenced the lowest sentence within the scope of the statutory penalty, and it is also difficult to prior the Defendant.

Considering the above circumstances and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below 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 the defendant's appeal is without merit. It is so decided as per Disposition.

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