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(영문) 서울고등법원 2014.10.17 2014노2241
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (two years of imprisonment, and one year and six months of imprisonment) declared by the court below to the Defendants is too unreasonable.

2. Although the defendants recognized the crime and agreed to commit the crime, the defendants' agreement was reached with the victims, and the defendants voluntarily surrenders to the investigation agency, etc. However, the defendants planned to assault the victim's H with other members of the "R" while joining the violence organization called "R" and planned to assault the victim's H, the defendants led the above victims under the influence of alcohol to nearby mountain, and caused serious injury to the above victims requiring 16 weeks medical treatment. The defendants Gap collectively sought victims S with members "other because they had withdrawn from the R "R" due to the reasons that they left the facility, etc. The method of the crime is very scarcity and there is a strong need to punish the defendants. The defendants were sentenced to imprisonment for two years due to the fact that the defendants participated in the crime collectively as seen above, and each of the above defendants' punishment became final after the occurrence of the crime, and the circumstances of the defendants' age and behavior after the defendants' oral arguments, and there were no other circumstances that the above defendants' age and behavior in the crime of this case.

3. In conclusion, the Defendants’ 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.

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