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(영문) 대구지방법원 2018.03.23 2017노3669

폭력행위등처벌에관한법률위반(공동상해)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (a fine of 700,000 won, a fine of 700,000 won, and a fine of 700,000 won) that the court below sentenced the Defendants.

2. A favorable circumstance is that the Defendants were the first offender, the degree of injury of the victims was not excessive, and the Defendants also suffered injury due to the assault between the victims. On the other hand, the Defendants were punished for dispute at a public place due to the minor reasons between the victims and the victims, and did not reach an agreement.

In full view of the above circumstances and the circumstances favorable to the Defendants, the sentence of a fine reduced than the summary order was imposed in consideration of the favorable circumstances in the lower court, the summary order ordering the Defendants to a fine equivalent in the same amount due to the suspicion that the Defendants injured the two victims, and there is no special circumstance or change in circumstances that may be newly considered after the sentence of the lower judgment was issued, and all the sentencing factors indicated in the instant pleadings, including the Defendants’ age, sex, sex, environment, family relationship, motive and consequence of the crime, the means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.