beta
(영문) 수원지방법원 2017.01.05 2016노6913

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each sentence (Defendant A: 6 months of imprisonment, Defendant C’s imprisonment with prison labor for 4 months and 2 years of suspended execution) is too unreasonable.

2. The fact that the Defendants had no record of criminal punishment in the Republic of Korea until the date of judgment, the fact that the Defendants recognized the crime of this case and might be against the mistake, and in the case of Defendant C, the fact that the above victim did not want the punishment of the above Defendant by mutual consent with the victim H in the original trial, etc. is favorable to the Defendants.

However, the crime of this case was committed by the Defendants by assaulting the victim’s face, such as taking the victim’s face, and causing bodily injury to the victim for about 29 days, and the degree of violence committed by the Defendants and the degree of damage inflicted by the victim is relatively heavy. In the case of Defendant A, it seems that the Defendants did not take measures such as making appropriate compensation to the victim up to the extent of the damage inflicted by the victim. In full view of all the sentencing conditions indicated in the argument of this case, including the Defendants’ age, sexual behavior, environment, and family relation, it cannot be deemed that each 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, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.