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(영문) 창원지방법원 2014.10.16 2014노1951

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment below

The part of conviction against Defendant A and the part against Defendant B shall be reversed.

Defendant

A and B, respectively.

Reasons

1. Of the facts charged against Defendant A, the lower court dismissed the prosecution as to each of the assault against the victim F, convicted him as to the remaining facts charged against Defendant A, and convicted him as to the facts charged against Defendant B. Since only the Defendants appealed on the ground of unfair sentencing and the part dismissing the prosecution against Defendant A among the lower judgment became final and conclusive as it is (K’s request for compensation order was dismissed by the lower court and became final and conclusive immediately), and each of the conviction against the Defendants among the lower judgment falls under the scope of the judgment of this court.

2. The main points of the grounds for appeal are as follows: each sentence (Defendant A and B: Imprisonment with prison labor for 6 months) declared by the court below to the Defendants is too unreasonable.

3. Determination

A. Each of the instant crimes committed by Defendant A with Defendant B and L, and M on March 4, 2013, with respect to the allegation of unfair sentencing, the following facts are as follows: (a) each of the instant crimes committed on the part of Defendant A committed an injury, such as the victim K, D, and C, at the victim K, at the victim K, at the right end of 57 days of treatment; (b) on the face of 14 days of treatment for the victim D; (c) on the part of the part of the victim D in need of 7 days of treatment; and (d) on July 20, 2013, the victim C assaulted the victim T while harming the victim on the repair cost of the FF vehicle owned by the victim; (c) the victim’s 380,616 won of repair cost; (d) the victim T and F did not reach an agreement on the victim’s 14 days of treatment; and (e) the victim and the victim’s 380,616 won of treatment to the victim’s injury and the victim’s injury A et 2.

However, Defendant A led to the confession of each of the crimes of this case.