beta
(영문) 서울중앙지방법원 2013.10.25 2013노2937

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) is too unreasonable in light of the following: (a) the Defendant’s mistake and reflects his fault; (b) the Defendant was sexual harassment from the victim E in front of many people; and (c) the Defendant reached this case by contingency; and (d) deposited KRW 5 million in the lower court under the name of the damaged side; and (b) the Defendant deposited the amount of KRW 5 million in the name of the damaged side.

2. The following facts are revealed: (a) the Defendant had no past history of punishment; (b) the Defendant has committed a mistake; and (c) the lower court deposited KRW 5 million under the name of the damage change; (b) however, even though the victim suffered considerable injury as much as the amount of the deposit exceeds the deposit amount, there is no additional damage change other than KRW 5 million deposited in the lower court; (c) the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a deadly Weapons, etc.) committed by the Defendant is determined by imprisonment for a limited term of not less than three years; (d) the lower court sentenced the sentence to be mitigated by discretionary mitigation of statutory punishment; and (e) the Defendant’s age, character and conduct, motive, means, and consequence of the crime; and (e) all other circumstances that are the sentencing conditions specified in the records and arguments of the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the

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.