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(영문) 대구지방법원 2016.03.16 2015노1491

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 700,00,000, imposed by the court below, is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged of this case and reflects his mistake, and that the defendant had no criminal record other than twice before and after the fine is recognized, while the crime of this case is committed in the meantime, it is recognized that the defendant stopped by blocking a taxi in operation, and the defendant committed an injury by assaulting a taxi engineer together with the co-defendants of the court below, and thus the crime is bad, and the defendant did not agree with the victim or endeavor to take advantage of the damaged person, there is no special change in circumstances that may change the sentence of the court below after the decision of the court below, and there is no other changes in circumstances that make it possible to change the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., the punishment of the court below is too unreasonable. Thus, the defendant's argument is without merit.

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 (Article 25(1) of the Rules on Criminal Procedure; “The pertinent Article of the Act on the Punishment of Violences, etc. and Selection of Punishment” in the application of the Act on the Punishment of Violences, etc. shall be deemed as “the Act on the Punishment of Violences, etc. (wholly amended by Act No. 13718, Jan. 6, 2016).”