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(영문) 의정부지방법원 2017.09.26 2017노2125

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

All appeals filed by A, C and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (one month of imprisonment with prison labor for the crime No. 1, two crimes, and two months of imprisonment with prison labor for the crime No. 3 as indicated in the holding) is too unreasonable.

B. Defendant C’s punishment (four months of imprisonment) is too unreasonable.

(c)

Each sentence (as above, Defendant A and C are the same as above, Defendant B’s imprisonment with prison labor for four months, and 2 years of suspended execution) that the court below sentenced the Defendants is unreasonable.

2. The Defendants jointly performed drinking while drinking alcohol, and jointly carried out an injury necessary for 6 weeks’ medical treatment in the victim G, and Defendant A and B jointly carried out an injury requiring 3 weeks’ medical treatment at the victim J, and Defendant A and C jointly carried out an injury requiring 3 weeks’ medical treatment. Defendant A and C jointly carried out violence against multiple victims during several times, and the Defendants used violence against many victims, and the degree of injury by the victim G and J is a serious part of the victim G and J. In light of the above, the Defendants’ criminal liability is not somewhat weak.

Defendant

A was sentenced to 4 months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) on November 29, 2016, and 2 months of suspended sentence, and the judgment became final and conclusive on December 7, 2016. Defendant C was sentenced to 6 months of imprisonment for the same crime on November 29, 2016, and the judgment became final and conclusive on April 21, 2017. Although the above Defendants jointly used violence, the crime of this previous offense was committed again during the investigation or trial, and even during the period of suspended sentence, Defendant A committed a crime of assault against Victim L, M, and N.

On the other hand, the Defendants recognized all the crimes of this case and reflected the mistakes.

In the lower court, the Defendants agreed with the victim G, and Defendant A and B agreed with the victim J, and expressed the intent that the victim L, M, and N did not want to be punished against Defendant A and C.

Defendant

A is a crime for which the above judgment has become final and conclusive and a part of this case.