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(영문) 서울고등법원 2016.11.23 2016노2979
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. Each of the instant crimes committed by the Defendant on the ground that the Defendant would take the discipline of a organized violence group, thereby inflicting bodily injury upon the victims of the organized violence group as a dangerous object, and assaulting the victims, the principal president, on the ground that the victims of the organized violence group are bad in drinking alcohol at the main point, with dangerous objects, and is not good in light of the details of the crime and the details of the crime.

Not only has been punished by serving several penalties for violent crimes, but also has committed each of the crimes of this case in the same kind without being aware of the fact that the defendant was under the period of repeated crime at the time of committing the crime.

Such circumstances are disadvantageous to the defendant.

On the other hand, it seems that the social ties of the defendant is maintained normally through the fact that the defendant is recognized as a substitute for his crime, the degree of damage of the victims is relatively excessive, the victims do not want the punishment of the defendant, and the father and the woman of the defendant, family members such as the Matrimonial relationship, and the scarcitys of the defendant, etc. are maintaining the social ties of the defendant.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances, and consequence of the crime, all of the sentencing conditions indicated in the instant case, including the circumstances after the crime, and the scope of sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it is not deemed that the sentence imposed by the lower court is too heavy, or is too unreasonable.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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