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(영문) 인천지방법원 2016.08.25 2015노4408
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The instant crime is acknowledged that the Defendant assaulted the victim with his accomplice; the Defendant led to the confession of and reflects the mistake; the degree of assault is relatively minor; the Defendant agreed with the victim solely; and the instant crime is in the relation of the crime of obstruction of business established by the judgment and the crime of obstruction of business after Article 37 of the Criminal Act with the crime of concurrence with the crime of the group; thus, it is recognized that the same ought to be judged simultaneously and equity

However, in full view of the following circumstances: (a) the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on April 20, 2012, and completed the execution of the sentence and subsequently re-offending without being aware of the fact that the Defendant had been sentenced to criminal punishment, including the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (b) other circumstances that form the condition for sentencing, such as the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

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

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