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(영문) 대전지방법원 2017.06.14 2017노656
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment that the defendant recognized the crime of this case and reflects the fact that the defendant, except for one victim, did not want or agreed to punish the victims, and the degree of the defendant's participation in the crime of this case is significant.

It is advantageous to the fact that it is not visible.

However, the crime of this case was committed by the members of a violent crime group, including the defendant, with a dangerous object, such as a collective decline pipe, view room, etc., and the nature of the crime is not good, and the crime of this case was committed again without being aware of it during the period of repeated crime.

In full view of the above circumstances and other various sentencing conditions indicated in the records of this case, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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