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(영문) 인천지방법원 2017.01.19 2016노4453

특수폭행등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (six months of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence (4 million won in penalty) that the lower court sentenced Defendant B to Defendant B is too unhued and unreasonable.

2. Determination

A. It is recognized that Defendant A made a judgment on Defendant A’s crime with no record of being sentenced to a fine exceeding a fine, such as the fact that Defendant A made a confession of all the crimes and reflects the wrongness, the fact that there are some circumstances considering the developments leading up to Defendant A’s assaulting the victim E, the amount of damage caused by the fraud is relatively small, and there is no record of being sentenced to

However, in full view of all the circumstances, including Defendant A’s age, sex, motive, means and consequence of the instant crime, Defendant A’s motive, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, cannot be deemed unfair, in so doing, by taking account of the following circumstances: (a) Defendant A used a kitchen and assaulted the victim E; (b) taking the victim’s property from the victim H Women; (c) the nature of each of the instant crimes committed by putting the victim S in cooperation with Defendant B; (d) the victims’ damage was not recovered; and (e) Defendant A did not agree with the victims; and (e) the circumstances after the instant crime were committed.

B. It is recognized that Defendant B committed the instant crime in collaboration with Defendant A, which committed the instant crime in which the victim S was detained in the vehicle, was not good, Defendant B did not agree with the victim S, and Defendant B committed the instant crime during the period of repeated crime due to the instant crime.

However, in full view of the following circumstances: (a) Defendant B led to the confession of the crime and reflects the mistake; (b) Defendant B did not have the same criminal record and did not have any other criminal record than the above repeated crime; and (c) Defendant B’s age, sexual conduct; and the motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., the sentence of the lower court does not seem to be unfair because its sentence is too unf

3. Conclusion.