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(영문) 광주지방법원 2015.04.16 2014노1608

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles [Violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. (a collective injury with a deadly weapon, etc.)] Although the defendant gets damaged the victim's vehicle by sudden operation of the brake system of the vehicle, the injury inflicted by the victim is extremely minor due to the climatic base of the drilling and the symptoms of the escape certificate of the climatic signboard, and thus does not constitute the injury as provided

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The Defendant alleged to the above purport in the lower court, but the lower court found the Defendant guilty on the ground that the physical condition of the victim was changed due to the reason as stated in its reasoning and caused an impediment to the function of life, and thus, constitutes an injury to the crime of violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.). Examining the records compared with the evidence duly examined and adopted by the lower court, the lower court’s aforementioned determination is justifiable.

Therefore, the defendant's above misapprehension of legal principles is without merit.

B. Although there are favorable circumstances that the defendant does not want the punishment of the defendant by mutual consent with the victim, the crime of this case is highly likely to be committed in light of the fact that the defendant committed the crime of this case by threatening driving on an expressway and speeding the accident, and does not go against the defendant, the defendant does not deny some of the crimes, and has been punished for the same kind of crime, and the court below seems to have taken into account the circumstances favorable to the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below, and the defendant's age, character and behavior, environment, the background and result of the crime of this case, and the circumstances after the crime, etc.