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(영문) 인천지방법원 2018.02.08 2017노2965
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a three months of imprisonment, a suspended sentence of one year, and 40 hours of violence therapy) is too unreasonable.

2. It is recognized that the judgment defendant recognized the crime of this case and properly agreed with the victim.

However, the crime of this case is an injury to the victim demanding compensation due to a traffic accident caused by the defendant.

Although the Defendant demanded compensation for damage one hour after the occurrence of the accident by the victim, the victim was aware of the damage after the accident occurred. However, in light of the circumstances surrounding the victim's request for compensation late later, the victim's request for compensation by force was legitimate, even though it was not good in light of the content and circumstances of the crime, etc., the Defendant had the record of punishment several times due to violent crimes, and other various circumstances, such as the Defendant's age, sexual conduct, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., were taken into account, and the sentencing conditions indicated in the records and theories of this case, such as the records and changes after the crime, it cannot be deemed unfair because the lower court's punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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