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(영문) 서울북부지방법원 2020.12.10 2020노548
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7,000,000) of the lower court against the Defendant is too unreasonable.

2. The lower court determined that the Defendant’s criminal act of this case was an act of having the victim, who is the next booming guest, without any particular reason, and thus, taking account of the degree of injury inflicted on the victim F, the Defendant and B’s liability is not somewhat weak.

However, the victims also committed violence against the defendant's daily conduct, the circumstances leading up to the crime, the recognition of the defendant's mistake, the victims' recovery from damage, and thus the victims do not want the punishment of the defendant. In addition, the victims were sentenced to punishment as ordered by considering all the factors of sentencing, including the defendant's age, character, conduct and environment, motive, circumstances, means and consequence of the crime, etc.

However, the reason for sentencing alleged by the defendant in the trial of the court seems to have been fully considered in the sentencing at the court below, and there is no new reason to consider the sentencing after the sentence of the court below, compared to the first instance court, there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The above reason for sentencing of the court below is that the defendant was sentenced to a two-year suspended sentence for 10 months on September 20, 208 due to alteration of official documents, etc., and committed again the crime of this case without being aware of the fact that the defendant was committed again during the suspended sentence, it cannot be said that the sentence imposed by the court below is unfair.

Therefore, the defendant's assertion is without merit.

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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