2015No3214 Violation of the Punishment of Violences, etc. Act (joint injury)

B

Defendant

Lee Jong-sung (Court) and Kim Jong-chul (Court of Justice)

Law Firm C, Attorney D

Incheon District Court Decision 2014 Godan8919 Decided August 20, 2015

May 12, 2016

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of mistake

The defendant, as stated in the facts of the crime in the judgment of the court below, assaults with the victim G and H in the presence of the defendant as stated in the judgment below, but there is no fact of assaulting the victim H after moving to the parking lot vacant.

B. Unreasonable sentencing

The punishment sentenced by the court below (eight months of imprisonment, two years of suspended execution, two years of probation, community service, 160 hours of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts

The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below. ① The victim H consistently met with G from the investigative agency to the court of the court below's trial, i.e., the Defendant, etc., who was at the time when the Defendant and E moved from the police station to another place in the parking lot. The Defendant continued to be the Defendant, etc. as a parking lot, and at that time, met E was assaulted with G. ② The Defendant did not move from the parking lot to the parking lot as well as from the time of the victims of E. However, the victim G moved from the investigative agency to the court of the court of the court below to the Defendant and E, and the Defendant did not appear in the parking lot after the passage of the parking lot, and the Defendant did not appear in his statement to the effect that the victim was inside the parking lot as well as the victim's statement.

B. Determination on the assertion of unfair sentencing

It is recognized that the defendant recognized the main part of the crime, reflects the mistake, agreed with the victim H, the crime of this case appears to have led by accomplice E, and there is no record of being sentenced to a fine exceeding the fine.

However, in full view of the following circumstances: (a) the nature of the crime of this case where the Defendant inflicted injury upon the victims together with his accomplices; (b) the Defendant was sentenced to a fine due to violent crimes; and (c) the Defendant’s age, character and conduct; (d) the motive, means and consequence of the instant crime; and (e) various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct; and (e) the motive, means and consequence of the instant

3. Conclusion

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

Justices Kim Su-cheon, the presiding judge

Judge O Chang-hun

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