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(영문) 대구지방법원 2014.01.24 2013노2379
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, two years of suspended execution, and 120 hours of community service) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The fact that the Defendant has no criminal record exceeding the fine, the fact that the Defendant compensated and agreed on the physical damage caused by the instant crime, and the fact that the degree of the injury inflicted on the victim is relatively minor is an element of sentencing favorable.

B. The Defendant had the same criminal records and two times, and the instant crime was committed by the Defendant, who is a taxi engineer, to drive a vehicle with a threat on the road, such as blocking the front of the victim’s vehicle or rapidly stopping the vehicle on the road, and thus, the nature of the crime is not good, and the fact that the victim’s personal damage has not been compensated is an unfavorable sentencing factor.

C. In light of all the circumstances, such as the motive, means, and method of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too heavy or unreasonable.

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

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