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(영문) 광주지방법원 2018.05.30 2018노1036
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of a party member's judgment is dismissed as to the assault against the victim B and D among the facts charged in this case, and the remaining facts charged were convicted, and since the defendant appealed only to the guilty part and dismissed part of a public prosecution for which the defendant and the prosecutor did not appeal, the part of a party member's judgment is limited to the part

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. It is recognized that the judgment of the defendant is divided into his mistake, and that the defendant has no criminal record.

However, in light of the fact that the crime of this case is not good, and that the defendant committed the crime of this case again because of the expiration of the suspension period of execution due to the same kind of crime even though he had a criminal record for the same kind of crime, and that there was no damage or agreement with the victims up to the trial, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and criminal conduct, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

4. 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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