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(영문) 대구지방법원 2020.08.20 2019노4363

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the instant crime and reflected his mistake, and that the investigative agency paid the victim a sum of three million won agreed upon, and criminal conciliation has been established, and the victim has not been punished.

However, in light of the details and methods of the instant crime, and the degree of injury suffered by the victim, and the Defendant again committed the instant crime even though he had the power to impose a fine and a suspended execution twice prior to the instant crime, and other various circumstances, such as the Defendant’s age, character and behavior, environment, and motive and circumstance, which are conditions for sentencing, and new circumstances or changes in special circumstances that may be reflected in sentencing after the sentence of the lower judgment, are not deemed unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.