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(영문) 전주지방법원 2013.10.18 2013노900
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has no record of being punished as a same crime, and the crime of this case is committed by the defendant, while under the influence of alcohol, and there are some extenuating circumstances to consider the circumstance of the crime as it was committed by the defendant, and there is a little possibility of considering the circumstance of the crime. The fact that the defendant wanted the defendant's wife by agreement with the victim and the defendant wanted the defendant's wife, and that the defendant reflects his fault in depth while recognizing the crime of this case.

However, the defendant committed the crime of this case without being familiar with the defendant during the suspension period of the execution of imprisonment with prison labor which was sentenced for a crime of false accusation, and the crime of this case is deemed to be unfair because the defendant committed the crime of this case because the defendant was at the risk of causing injury to the victim by gathering the suspect who was a dangerous object, and the victim was faced with the awareness of the victim, and thereby threatening the victim by stick, which is a dangerous object, continuously being threatened with the crime, and the nature and circumstances of the crime of this case, and other various circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime. Thus, the above assertion by the defendant is without merit.

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

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