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(영문) 의정부지방법원 2016.10.20 2016노2134
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant seems to have made efforts to reach an agreement with the victim, and that there are family members to support (the wife and children).

However, since the defendant completed the execution of a sentence for the same kind of crime and was released from the court, the defendant again committed an injury crime (a repeated crime of the same kind). It is not good that the defendant committed an serious injury on the part of the victim in collaboration with the criminal act.

In addition, it seems that the defendant tried to conceal the crime systematically by using a post-ship, etc. at the early stage of the investigation, and the circumstances after the crime are also poor.

The accused has the same kind of meetings, including the previous convictions, and the previous convictions.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, 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 on the ground that it is without merit. It is so decided as per Disposition.

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