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(영문) 의정부지방법원 2016.07.12 2016노1019

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals by the Defendants are dismissed.

Reasons

The main reason of appeal is that the sentence imposed by Defendant A (eight months of imprisonment) by the lower court is too unreasonable.

Defendant

B The defendant did not submit a written reason for appeal within the statutory period.

Judgment

Defendant

It is recognized that Defendant A agreed that the investigative agency would not want the punishment between Defendant A and the victim of the injury, and that Defendant A deposited KRW 80,000 for the police officer for the victim of insult in the trial.

However, each of the crimes of this case committed by Defendant A, on the ground that Defendant A was aware of his identity, has inflicted an injury upon the victim B by ir chain pipe, etc., and insulting a police officer in the course of performing his duties by her abusiveing, and such offense is not good.

Defendant

A has been punished for multiple violent crimes in the past, committed each of the crimes in this case during the period of imprisonment with prison labor, and committed each of the crimes in this case even though A was sentenced to a fine on May 19, 2015 due to the crime of damage to property and the crime of interference with business committed during the said period of imprisonment with prison labor.

In full view of the above circumstances and the following circumstances, Defendant A’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court’s sentencing committee, etc., the lower court’s punishment against Defendant A is too unreasonable.

Therefore, Defendant A’s assertion is without merit.

Defendant

Defendant B, on April 19, 2016, filed an appeal with the lower judgment against the lower court on May 23, 2016, and failed to submit a statement of reasons for appeal within 20 days, which is the period for submitting legitimate reasons for appeal, even though the court received a notice of receipt of the records of trial from this court, and the petition of appeal does not indicate the reasons for appeal (Provided, That Defendant B is present on the date of the first trial of the first trial of the first instance.