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(영문) 광주지방법원 2016.05.18 2016노730

상해등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (six months of imprisonment) is too unreasonable.

B. Defendant A’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. As to Defendant B’s assertion, it is favorable for the Defendant to recognize and reflect his mistake, to have agreed with the victim G, and to deposit KRW 3 million to the victimJ, and to recover some damages.

On the other hand, the defendant has already been punished several times for the same crime, and in particular, the defendant committed the crime of this case again while being sentenced to three years of probation on January 22, 2014 by imprisonment with prison labor for ten months and being subject to probation period. The crime of this case is committed in consideration of the victim G without any particular reason, and the crime of this case is committed by assaulting the victimJ as a female victim and threatening the victim as a dangerous object at the end of minor vision, and it is disadvantageous to the fact that the crime is not committed.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as indicated in the pleadings of the instant case, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

B. As to the Defendant’s assertion, it is favorable for the Defendant to recognize and reflect the Defendant’s mistake, and deposit KRW 3 million for the Victim J to recover some damages.

On the other hand, the defendant has already been punished several times for the same crime, and in particular, the defendant committed the crime of this case again after being sentenced to two years of probation on January 3, 2014 by imprisonment with prison labor for ten months and being sentenced to two years of probation. The crime of this case is a beer's disease, which is dangerous to the defendant at the end of a minor trial.