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(영문) 울산지방법원 2019.01.11 2018노903
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to four months of imprisonment, one year of suspended sentence, and 40 hours of community service order) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the judgment-making knife, contingent crimes; (b) the degree of assault is not much severe; (c) the victim does not want punishment against the Defendant under an agreement with the Defendant; and (d) the Defendant recognized and reflected his mistake.

However, the crime of this case is committed jointly with the co-defendant of the court below and the nature of the crime is not less than that of the defendant, and the defendant has been punished several times as violent crimes, and the probation office operates flexibly considering the circumstances of the victim, such as the execution of community service order by using some part of the daily or weekends, etc. When the person subject to community service order wishes, the defendant's economic situation, age, character and behavior, environment, and circumstances after the crime, etc., the court below's punishment seems to be reasonable and appropriate. It cannot be deemed that the court below's punishment seems to be excessively unreasonable.

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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