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광주지방법원 2013.08.16 2013노1325
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (one year and six months of imprisonment) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The facts that the Defendant recognized all of the instant crimes, that the victim does not want to punish the Defendant, and that the Defendant committed the instant crime by contingency under drinking are favorable circumstances.

However, the crime of this case is a case of assaulting the victim without discrimination on the ground that the victim refused the demand of the defendant for the defendant's marriage, and causing bodily injury on the left side of the victim by beer disease, which is a dangerous object, in view of the method of crime, its danger, and the injury part, etc., the nature of the crime is not good.

In particular, even though the defendant has been punished several times for the same crime, the defendant committed the crime of this case at the same time in the probation period, and has repeatedly exercised violence against the same victim, and there is a great need to protect the victim from the defendant.

In full view of these circumstances, comprehensively taking into account the Defendant’s age, character, conduct and environment, etc. and all the sentencing conditions stipulated in Article 51 of the Criminal Act, the lower court’s sentence cannot be deemed to be unfair because it is too unreasonable. Moreover, the lower court, after mitigation of the sentence with respect to the instant crime, cannot be deemed to have sentenced the Defendant to a minimum punishment that is legally applicable, so 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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