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(영문) 서울동부지방법원 2013.04.11 2013노106
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 6,00,00) is too unreasonable.

2. Although the Defendant partially denied the factual relations of the instant crime in an investigative agency and the lower court, it is favorable to the Defendant, such as the fact that all of the instant crimes were committed during the trial of the lower court, and that the Defendant agreed with the victim only during the trial of the lower court, and that the Defendant has no record of criminal punishment before committing the instant crime, etc.

However, the crime of this case is committed by several persons without any reason at the latest at night in order to threaten and threaten the mixed victim. The victim's injuries requiring treatment for about 5 weeks due to assault, etc., and the victim was detained for about 20 minutes by considering the degree of damage, the nature of the crime is very poor, and as the judgment of the court below is legitimate, there are legitimate evidence to judge the defendant guilty of the crime that the defendant partially denied by investigation agency and court of original instance, as well as legitimate evidence to judge the defendant's guilty of the crime. Since the defendant and his accomplice participated in the crime with the intention of coprocessing in order, the sentencing against the defendant cannot be considered in light of the contents and degree of punishment against the accomplice who participated in the crime of this case. The court below's sentencing is sufficiently preferred considering most favorable circumstances, and the defendant's whole records and circumstances such as fine and change in circumstances before and after the crime of this case, it is hard to see that the defendant was committed in whole before and after the trial, and the defendant's motive and appearance of the crime of this case.

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