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(영문) 부산지방법원 2017.02.06 2016노4022

폭력행위등처벌에관한법률위반(공동상해)

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Defendant

A and the prosecutor’s appeal against the Defendants are all dismissed.

Reasons

The summary of the grounds for appeal is that the punishment (3 million won) imposed on Defendant A by the court below against Defendant A is too heavy (Defendant A) or is fluent and fluent.

Defendant

B With respect to B, the sentence (3.5 million won) imposed by the court below on Defendant B is too unhued and unreasonable.

Judgment

Defendant

The defendant A and the prosecutor's arguments are examined together.

Defendant

A is the confession of the instant crime, there is no record of the same crime against Defendant A, and the fact that Defendant A does not want the punishment of Defendant A by agreement with the victim F, etc. is favorable to Defendant A.

However, since the crime of this case caused damage to the victim's bones, the degree of the damage is not weak, and the defendant A committed the crime of this case without being aware of it during the period of repeated crime, and considering the following circumstances, such as the defendant A's age, sexual conduct, environment, family relationship, means and result of the crime, and the conditions of sentencing as shown in the records and the theory of changes, the court below's sentence imposed on the defendant A is too heavy or too unreasonable. Thus, the above assertion by the defendant A and the prosecutor is without merit.

Defendant

As a result of each of the instant crimes against B, the victim F's joint bones was cut off, and the victim's damage, such as impairment, was caused around the eye of the victim G. The degree of such damage is not easy, and the victim's failure to agree with the victims that the victim B wants to be punished for the defendant B, etc. is disadvantageous to the defendant B.

However, the records of this case, such as Defendant B’s confession of each of the crimes of this case, Defendant B’s fact that there was no record of other crimes except for the one-time punishment by fine, and Defendant B’s age, sex, environment, family relationship, means and consequence of the crime, and circumstances after the crime.