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(영문) 서울고등법원 (춘천) 2013.07.17 2013노92
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

We reverse the part of the judgment Nos. 1 to 3.

The first to the judgment of the court below is the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 months of imprisonment with prison labor for the crimes Nos. 1 to 3 on the market, and 6 months of imprisonment with prison labor for the crimes No. 4 on the market) is too unreasonable.

2. Determination

A. Although the nature of the crime of Articles 1 through 3 of the decision of the court below is not less than that of the victim to commit the crime of joint confinement and joint injury on the vehicle without obtaining a driver's license on the ground that the victim does not have to pay the money even during the period of suspension of execution, the defendant's confession and reflects the above crime, the victim is not subject to the punishment of the defendant, the victim is not subject to the agreement with the victim, the equity should be taken into account when the judgment is judged concurrently with the crime of violation of the Road Traffic Act, and all the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are considered as follows.

B. The part of the crime No. 4 of the decision of the court below as to the crime of this case is divided in depth into the crime of this case, and the defendant has already been punished several times for the same crime, and the quality of the crime of this case is extremely poor again during the probation period for the same crime of this case, and the drinking driving requires strict punishment, taking into account the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., all of the sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the punishment of the court below is proper and that it is unfair. Thus, the defendant's argument cannot be accepted.

3. The decision of the court below is based on the conclusion.

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