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(영문) 수원지방법원 2014.06.26 2014노132
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The sentencing of the court below (two months of imprisonment, two years of suspended execution, two years of probation, community service, etc.) that ordered the defendant to provide a considerable time of community service in addition to the summary of the grounds for appeal (unfair punishment) is too unreasonable.

However, the lower court stated that the Defendant agreed with the victim D, and that D did not want to punish the Defendant, and that the Defendant was a juvenile at the time of the instant case and appears to have been under the influence of alcohol, and that it was against the Defendant’s wrong recognition.

However, the crime of this case committed by the Defendant committed assaulting D’s face on the ground that D, while the Defendant had a verbal dispute with C, which he had been aware of, is about four weeks of the face, and caused damage to D to the victim E who was in the vicinity of the crime of this case by causing approximately 500,000 won of the repair cost on the ground that D’s face was reconcepted, etc., and thus, it is not appropriate to commit the crime in that the degree of the injury D’s face was not somewhat weak, and that the Defendant’s liability is not less unfavorable.

Considering the Defendant’s past records of the protective disposition and all other circumstances that form the conditions for the sentencing indicated in this case, the sentencing of the lower court that ordered an additional community service for a considerable time cannot be deemed to be too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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