(영문) 창원지방법원 2015.01.08 2014노2365 | 리걸엔진

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(영문) 창원지방법원 2015.01.08 2014노2365

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant's wrong recognition and reflects his/her wrong determination on the assertion of unfair sentencing.

However, the crime of this case is a case where three passengers, who were on board the bus at the same time, are damaged by taking hand of the city bus that the defendant was on operation in front of the bus and damaged the two buses. In light of the risk of committing the crime, the crime of this case is not a minor crime, and the defendant has already been subject to criminal punishment several times due to the same crime, and there are two times the past records of having already been subject to criminal punishment, and the damage caused by the crime of this case has not been recovered, and there is no special circumstance or change that can be newly considered in the sentencing after the decision of the court below, and there is no other special circumstance or circumstance that the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., which are the conditions of the argument and the punishment as indicated in the records of this case, it cannot be deemed that the punishment imposed by the court below is excessively unfair.

Therefore, the defendant's assertion is not accepted.

3. The applicant filed an application for compensation seeking payment of KRW 10,340,551 in total amount of damages arising from the instant crime after the closing of argument in the lower court. However, the lower court acknowledged that the said application for compensation was made after the closing of argument, and thus dismissed by the ruling pursuant to Articles 32(1)1 and 26(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings on the ground that it is unlawful. The applicant filed the same application for compensation seeking payment of KRW 10,340,51 in total amount of damages at the trial at the lower court. As such, the applicant filed the same application for compensation

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