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(영문) 서울중앙지방법원 2017.09.14 2017노1878

특수상해등

Text

All appeals by the Defendants are dismissed.

Reasons

Of the facts charged in the instant case, the lower court sentenced the Defendants to dismiss the public prosecution on the grounds that the victimized person expressed his intention not to punish the Defendants, and the scope of the judgment in the instant case is limited to the portion of conviction by the lower court on the grounds that the public prosecutor did not appeal.

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (defendant A: 2 years of suspended sentence in October; 80 hours of community service order; 2 years of suspended sentence in June; and 80 hours of community service order) are too unreasonable.

Judgment

The crime of this case is committed by the Defendants, who are the siblings, found in the coffee shop for the operation of the victim, which is doubtful that they are in in a bad relationship with the wife of Defendant A. Defendant A, at the price of the head of the victim, who was a person of a tree, which is a dangerous object, assaulted the victim without any consent due to drinking and plant, and Defendant B shared the victim in a way to restrain the father of the victim who seeks to speak, thereby causing an injury requiring three-day medical treatment, and the crime is not good, which is disadvantageous to the Defendants.

However, the defendants recognized the crime of this case, the victim's identification and wind were the motive for the crime of this case (the trial records No. 41 to 67 of the trial records), the defendant A agreed smoothly with the victim (the trial records No. 23 to 25 of the trial records), the fact that the defendant A had no record of the crime of suspended execution or more than three times, and the fact that the defendant B was the first offender, etc. are favorable to the defendants.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the lower court after the sentence of the lower judgment, and the various circumstances, such as the Defendants’ age, environment, sex conduct, motive for the crime, and circumstances before and after the crime, are considered, the sentence of the lower court is too unreasonable.