beta
(영문) 광주지방법원 2013.07.17 2013노966

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (the imprisonment of eight months and the fine of one million won) is too unreasonable.

2. The judgment of the court below is deemed to have reached an agreement with the victim L and E, but the crime of this case is deemed to have reached an agreement with the victim L and E, obstructing the performance of official duties by assaulting the victim E, obstructing the victim L's bar business by assaulting the police officer'sO dispatched upon receiving a report, causing injury to the victim I. The defendant was sentenced to four months of imprisonment for fraud at the Gwangju District Court on November 5, 2009 and committed each of the crimes of this case on January 23, 2010, even though he was under a repeated offense period after the execution of the sentence was completed, he was sentenced to three times of punishment for the same kind of crime, suspension of execution two times of punishment, and 13 times of punishment for the same crime, and the crime of violating the Punishment of Violences, etc. Act (a group, deadly weapons, etc. of Violence, etc. of this case) shall be deemed to have been committed in the form of imprisonment for a limited term of not less than one year, and the court below's decision is not to be justified.

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.