(영문) 청주지방법원 2016.09.30 2016노845 | 리걸엔진

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(영문) 청주지방법원 2016.09.30 2016노845

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The sentencing of the lower court is determined as follows.

The defendant suffered injury to the victim, assaults the victim, and uses dangerous things in the process. The fact that such an act has been repeatedly committed is unfavorable to the defendant, and the defendant has no special criminal record in addition to a fine, and the victim has come to friendly relationship with the defendant, and the defendant has been found in another region even after her return to her return to her return to her, and the defendant filed a complaint with the defendant due to the crime described in paragraph 7 of the criminal facts. The crime described in paragraph 7 of the criminal facts appears to be an contingent crime after a considerable period of time from the crime immediately before her return to her return to her.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

In the first instance court, it is difficult to view that the lower court’s sentencing is excessive by deviating from the discretion range and exceeding it, in full view of the following: (a) although it is recognized that the Defendant was committed in this case at the time of the first instance court, and that the Defendant was in depth, the lower court’s sentencing is deemed to have taken account of the following factors: (b) the lower court’s statutory penalty for special injuries among each of the crimes of this case is one year of imprisonment; (c) the Defendant did not receive a letter from the injured party; and (d) the content of each of the crimes

Therefore, the defendant's argument of sentencing is difficult to accept.

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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