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(영문) 서울북부지방법원 2015.12.10 2015노1723
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The judgment of the court below is that even though the defendant's mistake is recognized, the mother who is administering a flap cancer in his name and has to support the her spouse who is a career preparation worker. The court below made a decision that the above victim does not want the punishment of the defendant. The defendant's family members wish to be punished by the joint injury crime of this case, and the defendant's family members wished to be boom the defendant, and there are some circumstances to consider the motive or circumstances leading to the crime of this case. However, the defendant has already been punished by suspension of the execution of imprisonment and fines for several times due to the same crime of this case, such as agreement with the bereaved family members of the victim F of the joint violence of this case, etc., and the defendant failed to receive a letter from the above victim's bereaved family members, and considering various circumstances such as the situation before and after the suspension of each crime of this case, the defendant's age, character and behavior, occupation, etc., the judgment of the court below is unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, it is clear that the "Article 148-2 (1) and Article 44 (1) of the Road Traffic Act" is an erroneous entry under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act in the part of the defendant's "Article 148-2 (1) of the Road Traffic Act" among the provisions of the law of the court below, and therefore, it is corrected ex officio to correct it.

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