(영문) 의정부지방법원 2016.04.26 2015노3496

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(영문) 의정부지방법원 2016.04.26 2015노3496

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not guilty of assaulting the victim with a shouldered beer disease.

B. The sentence of the lower court’s unfair sentencing (three years of suspended sentence in October, and eight hours of community service) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts is based on the evidence duly adopted and examined by the court below. ① The victim appeared as a witness in the court of the court of the court below and stated that “the defendant attempted to injure the part of the defendant with a shoulder beer disease” (see, e.g., 59 pages of the court record), ② the shoter He appeared as a witness in the court of the court of the court below and stated that “the defendant was able to see the victim’s seat with a shoulder beer disease” (see, e.g., 7th page of the court of the court record). In light of the above, it is sufficiently recognized that the defendant committed assault against the victim due to a shoulderer disease.

2) Therefore, the Defendant’s assertion of mistake is without merit.

B. Determination 1 on the wrongful assertion of sentencing is recognized: (a) the damage incurred by the instant crime is minor; and (b) the agreement is reached with the victim.

2) However, in full view of the following circumstances: (a) the Defendant denies and does not oppose the Defendant’s crime; (b) the nature of the crime is not very good by assaulting the victim due to a dangerous object, (c) 14 times a previous violent crime; (d) the Defendant committed the instant crime during the suspended execution period due to the same kind of crime; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background, and circumstances after the commission of the crime, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

3) Therefore, the defendant's above argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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