2014No2989 Violation of the Punishment of Violences, etc. Act (joint injury)

A person shall be appointed.

Defendant

Fixed-term (military prosecutor, prosecution) and Kim Jin-young (public trial)

Attorneys Kim Young-chul (Korean National Assembly Line)

Daejeon District Court Decision 2014Gohap1090 Decided September 24, 2014

April 17, 2015

The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

The sentencing of the court below (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the Defendant’s confession of the instant crime, and his mistake is repented, and currently there is no previous conviction from university students.

B. Meanwhile, the crime of this case is a case where the Defendant assaulted a victim who is a sick person with another sick person while serving in the military with another sick person and inflicted an injury on the victim due to a scarcity scarcity scarcity scarcity scarke, and thus, the Defendant’s liability for the crime is not less than that of the Defendant in light of the victim’s suffering from violence in the military. In addition, taking into account the circumstances not agreed with the victim, and all the sentencing conditions such as the Defendant’s age, family relationship, living environment, motive, consequence of the crime, etc., the sentence of the lower court is appropriate.

3. Conclusion

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

judges of the presiding judge;

Judges Doh-young

Judges Senior Jin-jin