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(영문) 대구지방법원 2014.01.16 2013노3719
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the mistake and speaked against the Defendant; (b) the agreement with the victim; (c) the act of instigating the victim to make a false statement appears to have led E; (d) the fact that he immediately surrendered to the Republic of Korea; and (e) the fact

However, the crime of this case committed, however, in collaboration with E in a limited amount of time, with the victim's injury requiring six-day medical treatment. The degree of injury of the victim was significant; the defendant committed the crime of this case without being aware even though it was under the period of probation; the defendant instigated the investigative agency to make a false statement to conceal the crime after the crime; and the fact that the defendant knowingly escaped for a long time after each crime of this case, even though he was aware of the fact of the designated number of times after the crime of this case (the period of probation was in excess of the period of probation) is disadvantageous to the defendant.

In full view of the above normal relationship as well as the age, character and conduct, environment, and equality in punishment imposed on an accomplice, it cannot be deemed that the sentence imposed by the court below is excessively unreasonable.

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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