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(영문) 부산지방법원 2014.10.02 2014노2016
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The following circumstances, which are acknowledged by comprehensively taking account of the results of the sentencing review, including the investigation of sentencing, in the judgment of the trial court, are that the defendant committed a mistake and does not directly use violence against others. The defendant is a favorable circumstance for the defendant, that the defendant's wife, male and female her mother, and female her mother died, and that the defendant supports the mother's mother due to negligence.

However, in light of the following: (a) the Defendant was punished as a violent crime; (b) the instant crime was committed during the period of repeated crime due to the same kind of crime; and (c) twice prior to the Defendant’s destruction and damage of another person’s vehicle without any special reason; (d) the risk of recidivism is very rough; and (e) the circumstances after the crime are committed, such as the Defendant’s failure to attend the trial of the lower court; and (e) there is no change of circumstances that may be particularly considered in sentencing after the sentence of the lower judgment, and the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, and environment, are considered appropriate.

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

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