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(영문) 서울고등법원 2013.03.22 2012노4256
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below's sentencing (one year of imprisonment) is too unreasonable.

2. The fact that the victim E does not want the punishment of the defendant, the fact that the defendant recognized the crime and divided the mistake is considered in the circumstances that should be favorable or considered to the defendant.

However, the crime of this case was committed on the ground that the defendant refused the demand of the defendant to drink alcohol on credit, and was committed by assaulting the victim E and the victim G who is the main agent in the main place of the crime of this case and causing injury to B by drinking alcohol, and in the process, ordering B to bring each item into threat to E. In light of the details and specific attitudes of the crime, the defendant's nature is serious in light of the crime.

The victims are deemed to have suffered considerable mental damage due to the crime, and no agreement has been reached between the victim G.

The defendant has been under criminal punishment several times for past violent crimes, and committed the crime of this case during the period of repeated crime.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, the Defendant’s sentence against the Defendant cannot be deemed as being excessively unreasonable compared to the extent of the Defendant’s responsibility.

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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