beta
Text
The defendant's appeal is dismissed.
Reasons
1. The sentence of the court below (three years of imprisonment) is too unreasonable.
2. Determination
A. On July 3, 2013, while the Defendant was taking meals at a restaurant, the Defendant, without any justifiable reason, inflicted an injury on the back of the victim E, who was another customer. After the investigation into the instant case, the Defendant was conducted on July 30, 2013 against the victim F, who was a bus driver, committed assault.
In light of the specific details of each of the above crimes and the circumstances of the crimes, the crime of the defendant is serious.
The victim E, due to the crime, was subjected to the tearing surgery of the back head part.
There was no agreement between the victims and the victims, and there was a great harm caused by each of the crimes of this case in terms of the occurrence of anxiety to the victims as well as the neighboring majority of citizens.
In 207, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a collective weapon, an injury, etc.) in 2008, and one year and one year of imprisonment with prison labor due to a crime of assault, etc. in 201, and even if there was a record of criminal punishment for other violent crimes, the Defendant committed each of the crimes of this case.
In this context, considering all of the sentencing conditions in this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, the defendant's sentence against the defendant cannot be deemed to be excessively unreasonable compared to the degree of the defendant's responsibility.
B. 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 since it is without merit. It is so decided as per Disposition.