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(영문) 광주지방법원 2016.10.13 2015노2878
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant case, the Defendant followed the victim’s sagn part of sagn part of sagn part of sagn part of sagn part of sagn part of sagn part of the victim

Nevertheless, the court below which found the defendant guilty of some charges has erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in particular, the investigation agency of E and G and the statement at the court of original instance in the investigation agency of E and the victim G and the court of original instance, it is recognized that at the time of the instant case, the dispute was punished within the main point of “D” as stated in the facts charged, and the F took the part of the victim’s entrance to the victim out of the main point of “D,” and the victim f takes the part of the victim’s entrance to the floor once a week, and the Defendant used the part of the victim’s arm’s length to walk one time, and the victim committed the victim’s f and the Defendant’s f was injured by the aforementioned assault.

According to the above facts, the facts constituting the crime of the court below's holding that the defendant jointly with F and inflicted an injury on the victim by assaulting the victim, are sufficiently recognized.

Defendant’s assertion is without merit.

B. In addition to the punishment of a fine for violence in around 1999, the fact that the defendant has no record of the same crime is favorable to the defendant.

On the other hand, the injury suffered by the victim is relatively heavy, and there is no agreement with the victim.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, the lower court’s punishment is too excessive.

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