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(영문) 대구지방법원 2016.09.08 2015노2038
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty imposed by the court below (three million won of fine) is too large.

2. The Defendant has been punished several times for the same kind of crime, etc. However, there are no circumstances that consider equity in the case where he/she was tried simultaneously with the crime of gambling opening, etc. which became final and conclusive in the judgment of the court below and consider the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and all the sentencing circumstances as shown in the arguments and arguments, such as the Defendant’s age, character and conduct, circumstances, motive and circumstance of the crime, means and consequence, and circumstances after the crime, etc., the lower court’s judgment is deemed to have exceeded the reasonable bounds of its discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, as asserted by the Defendant, it is difficult to deem that the above sentence imposed by the lower court on the Defendant is too unreasonable.

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

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “The Punishment of Violences, etc. Act” in the part of the judgment below on the application of the statutes of the court below ex officio, 17 and 18 of the second 18 of the judgment of the court below is each “former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014)” and “Article 70(1) of the Criminal Act” in the third 4 of the 3rd 4th 4th 4th 4th 1, 2014 shall be deemed “Article 70 of the former Criminal Act (amended by Act No. 12575, May 14,

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