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(영문) 서울동부지방법원 2016.07.22 2016노675

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In full view of all the conditions of sentencing indicated in the records of the instant case, such as the circumstances favorable to the Defendant’s disadvantage, the Defendant’s age, sex, and environment, as examined below, the sentence imposed by the lower court is deemed to be too heavy or less appropriate.

The circumstances at a disadvantage: The records of punishment for violent crimes are several times, and, in particular, the victims are subject to repeated crimes after having been sentenced to eight months of imprisonment for the crime of assault, obstruction of performance of official duties, etc. on September 21, 2013, and the execution of the sentence was completed on September 21, 2013, and the Defendant committed the instant crime. The Defendant committed the instant crime, which was under the influence of alcohol, committed an assault to the victims of neighboring crimes, and committed an act of assaulting with a shoulderer disease, and caused another victim who was under the judgment due to the said crime with a serious injury requiring four weeks medical treatment, which is favorable in light of the contents of the crime, and the result of the injury. In light of the substance of the crime and the result of the crime: In the case of a special assault, the result of the injury was not caused to the victims; the victims did not have been punished; the victims did not have been subject to punishment for the Defendant; and the victims made efforts to receive violent treatment, such as being hospitalized due to the degree of respect of alcohol.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.