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(영문) 대전지방법원 2013.10.23 2013노1316

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all the circumstances, such as the fact that Defendant A is against the Defendant, the fact that the Defendant agreed with the victim, and the fact that the judgment was final and conclusive, the sentence imposed by the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. In light of all the circumstances such as Defendant B and C’s reflection and agreement with the victim, the sentence imposed by the lower court (one year and six months of imprisonment, three years of suspended execution, three years of probation, and community service order) is too unreasonable.

2. Determination

A. It is recognized that Defendant A’s assertion appears to be against the Defendant, that the Defendant did not wish to punish the Defendant by mutual consent with the victim H, and that the instant crime is in the relation of latter concurrent crimes with the violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) for which judgment has become final and conclusive.

However, the crime of this case committed by the Defendant at a singing room around 05:30 on May 12, 2012, 2012, prevents the Defendant from entering the victim’s scam room, and scambling the victim’s head by scaming the victim’s body with the victim’s body continuously with the Defendant B and scambling the victim’s body with his hand and scam for about 2 weeks, and causing injury, such as damage to the side body of the victim’s body in charge of the right-hand care for about 20 days. In addition, the crime of this case was committed by the Defendant’s scambling the victim’s body with scambling the victim’s body with the victim’s body, and the victim’s body continued with the Defendant B and C, and caused considerable injury to the victim’s body. It was not only by exercising immediate violence at the victim’s own expense, i.e., the victim’s body.