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(영문) 인천지방법원 2017.10.27 2017노2776

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant B (unfair sentencing) is too unreasonable, as it is too unreasonable.

B. The lower court’s punishment against the Defendants (Defendant A: a fine of KRW 7 million, Defendant B: a fine of KRW 5 million) is too uneased and unreasonable.

2. The facts leading up to the instant crime are as follows: (a) there are some extenuating circumstances; (b) it is recognized that the victim did not want the punishment against the Defendants by agreement with the victim; (c) on the other hand, the degree of injury to the victim is not somewhat weak; and (d) the Defendants jointly inflict injury on the Defendants; and in particular, Defendant A committed the instant crime again during the period of repeated crime of the same kind; and (d) Defendant B committed the instant crime again during the period of repeated crime; and (e) Defendant B had a criminal record prior to the instant crime; and (c) taking into account other various circumstances, including the Defendants’ age, sex and environment, motive, means, and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment against Defendant A is too harsh and unreasonable; and (e) it does not seem that the Defendant’s punishment against Defendant B is too heavy or unreasonable, and thus, both Defendant B and the Prosecutor’s assertion against the Defendants are without merit.

3. In conclusion, the appeal by Defendant B and the prosecutor against the Defendants is without merit, and it is so decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.