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(영문) 대구지방법원 2020.01.16 2019노3408

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant C, D, F’s sentence imposed on Defendant C, D, or F (Defendant C: Imprisonment with prison labor for a maximum of one year and six months, a short of one year and six months, Defendant D, and F: a suspended sentence of three years, a probation, a community service, or a community service work, which is 200 hours) is too unreasonable.

B. The sentence that the court below sentenced the Defendants (the above sentence, the above sentence, the defendant A, B, and G: 2 years of probation, the probation, the community service, the defendant E, the probation, the probation, the community service, the probation, the community service period of 120 hours in one year and 3 years of probation, the community service period of 200 hours in one year and 6 months in one year and 1 year and 6 months in one year and 1

2. Determination

A. Each of the instant bodily injuries committed by Defendant A, B, E, and G in the judgment of sentencing is that the Defendants inflicted injury upon the victims in group with accomplices, and that the Defendants committed an injury in light of the method and content of the crime.

In particular, the degree of injury inflicted by the victim N of the assault in Defendant E and G involved is very important, and the circumstances after the crime are also poor and the strict punishment is needed.

The Defendants did not agree with the victims.

Defendant

E independently committed a violation of the Resident Registration Act.

This is disadvantageous to the Defendants.

However, the Defendants recognized all of the crimes of this case and are against the law.

Defendant

A, B, and E are juveniles of 19 years of age and Defendant G.

There is no criminal record against the Defendants, and in particular there is no record of juvenile protective disposition against Defendant E.

Defendant

The degree of participation in G seems to be relatively easy.

In light of the circumstances favorable to the Defendants, the court below’s sentence is too unjustifiable and unreasonable in light of the following factors: (a) the Defendants’ age, character and conduct, environment, motive and background of crime, means and method of crime, and circumstances after crime, etc.; and (b) the sentence imposed by the court below to the Defendants is too uneasible.

B. Determination of sentencing of Defendant D and F.

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