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(영문) 서울북부지방법원 2014.10.16 2014노975

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (the community service order of two years and eight hours of suspended execution in one year and six months of imprisonment) is too unreasonable.

2. Although the judgment of the court below did not have the criminal records subject to punishment, and all facts charged have been recognized during the trial, and there are favorable circumstances for the defendant, such as the fact that the court below already agreed with the victim, but the crime of violation of the Punishment of Violences, etc. Act (a collective injury, etc. by the victim) committed by the defendant was committed in order to prevent the victim from escaping from the defendant's scene, the defendant's act of violating the Punishment of Violences, etc. Act (a collective injury, etc. by a deadly weapon, etc.) committed by the defendant was committed as a crime of this case. However, even though the victim was placed a sticker on the side of the driver's seat of the defendant's vehicle to prevent the defendant from leaving the defendant's site, the victim's vehicle operation as it is without fault, led 5 meters, led the victim from the road due to rapid acceleration, and caused the victim's injury by using a motor vehicle which is a dangerous object. In light of such risk, the court below's strict punishment is necessary.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act concerning the crime of 1.1. The pertinent provision of the law concerning the crime of 2.1 and Article 257(1) of the Criminal Act concerning the choice of punishment, and Article 257(1) of the Criminal Act.