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(영문) 대구지방법원 2020.11.27 2020노3116

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (eight months of imprisonment) is too unreasonable.

2. 판단 이 사건 범행은 피고인들이 피해자가 선배를 때렸다는 이유로 격분하여 피해자를 무자비하게 폭행하여 상해를 가한 것인바, 1차 폭행을 당한 후 도망가는 피해자를 �아가 재차 폭행을 하였고, 피고인들의 폭행으로 쓰러져 저항하지 못하는 피해자를 계속 폭행하였다.

The injury suffered by the victim is very serious.

In light of the motive of the above crime, the details and form of the assault, and the degree of the victim's injury, etc., the crime is not very good.

However, in light of the above circumstances, it is unfair that the court below's sentence imposed on the defendants is unreasonable in consideration of the defendants' age, character and conduct, environment, motive, means and consequence of the crime of this case, the motive, and consequence of the crime of this case, the circumstances after the crime of this case, etc., and all of the sentencing conditions in the records and arguments of this case, such as the records and arguments of this case, such as the defendant's age, character and behavior, the environment, the motive, method and consequence of the crime of this case, the circumstances after the crime of this case, etc., were considered.

3. Accordingly, the Defendants’ appeal is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below against the Defendants is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as follows.