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(영문) 서울북부지방법원 2014.08.28 2014노674
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (4 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment is based on the fact that the defendant's mistake is recognized and the victim E does not want the defendant's punishment, but it seems that the court below has already been sentenced to a fine of KRW 4 million reduced by a fine of KRW 5 million pursuant to the summary order in consideration of the above favorable circumstances, and the defendant has the record of having been punished several times due to the same crime, and the defendant was sentenced to imprisonment for a period of one year and six months for a crime, such as violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and committed the crime in this case during the repeated crime period, and other various circumstances that form the conditions for sentencing as shown in the records, such as motive and background leading up to the crime in this case, circumstance before and after the crime, the defendant's age, character, environment, occupation, family relation, etc., it cannot be deemed unfair because the sentence imposed by the court below is too 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.

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