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(영문) 광주지방법원 2013.10.18 2013노1647
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (two months of imprisonment and a fine of four million won) is too unreasonable.

2. The fact that the defendant confessions and reflects the judgment, and the crime of this case is in conflict with the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc. (a collective deadly Weapons, etc.) and the latter part of Article 37 of the Criminal Act, which became final and conclusive on December 1, 2012, taking into account equity with the case to be judged at the same time

However, the crime of this case is a case where the defendant interfered with, or refused to comply with, a request for withdrawal by force at a hospital emergency room or a restaurant used by many people that provides medical treatment to emergency patients, and even exercises violence. In light of the characteristics of the place of the crime, the means and method of the crime, the degree of obstruction of business, and the degree of assault, etc., the crime of this case is not good. The defendant committed each of the crimes of this case under several similar methods (4 times suspension of execution, fine 13 times) and has been punished several times in violence-related crimes (4 times suspension of execution, fine 13 times). The defendant did not reach an agreement with other victims except the above victims until the trial, and all other factors of sentencing prescribed in Article 51 of the Criminal Act including the defendant's age, character and behavior, environment, etc., it cannot be deemed that the sentence of the court below is too unreasonable, and the defendant'

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

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