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(영문) 수원지방법원 2020.12.17 2020노5383
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. It is recognized that the defendant recognized the crime of this case and divided his mistake, and the victim F of the damage to property expressed his intention not to be punished against the defendant.

However, under the influence of alcohol, the crime of this case was committed by the defendant beyond the floor of the victim E, without any justifiable reason, by breaking the victim E, walking the face, etc., and then destroying the part of the victim F, which is a resident of the same loan, and without doing so, by assaulting the victim C jointly with the co-defendant A in light of the course of the crime and the method of the crime, etc., the nature of the crime is very poor and is very heavy in view of the crime, the damage was not recovered, the defendant was not taken away, and there was no record of criminal punishment from the victims other than the victim F, the defendant was sentenced to criminal punishment several times, including imprisonment for the same kind of crime, and the defendant's age, career, character and behavior, environment, motive, means and result of the crime, and the sentencing of the similar case, it cannot be deemed that the sentence against the defendant is too unfair.

Therefore, the defendant's above 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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