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(영문) 광주지방법원 2019.01.23 2018노3361

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment below

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

Defendant

C A person shall be punished by imprisonment for six months.

Defendant

A, B-.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against Defendant A, B, C, A, B, and C (Defendant A: Imprisonment with prison labor for 4 months, Defendant B: imprisonment for 4 months, suspension of execution for 2 years, 40 hours, and Defendant C’s community service order for 40 hours) is too unreasonable.

B. Each sentence of the lower court against the Defendants (Defendant D: imprisonment with prison labor for four months, suspension of execution for two years, and community service order for eight hours) is too unfased and unreasonable.

2. Determination

A. Defendant A, B, and D celebs, the Defendants recognized and against the instant crime; Defendant A and the victims; Defendant B agreed with the victim H and the victim H and the S; Defendant D agreed with each other; Defendant A and B should take into account the equity between the case and the case of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.); Defendant A and B did not have any record of criminal punishment in the case of Defendant D; and Defendant D did not have any record of criminal punishment and are juveniles, etc. favorable to the Defendants.

However, Defendant A committed the instant crime during the period of probation due to special larceny, including violence, and Defendant B and D’s record of juvenile protective disposition due to violent crime is disadvantageous to the Defendants. In full view of the fact that there is no particular change in the sentencing conditions compared to the lower court’s judgment, and other various sentencing conditions stated in the instant pleadings, such as the Defendants’ age, character and conduct, and environment, it is not recognized that the lower court’s sentence against Defendant A and B is too heavy or that the Defendants’ punishment is too unreasonable. Therefore, each of the aforementioned arguments by Defendant A, B and the Prosecutor are without merit.

B. The following facts are the circumstances unfavorable to the Defendant: Defendant C’s murder, Defendant’s fine due to violent commission of crime, and juvenile protective disposition record; Defendant’s injury level is very serious.

However, the defendant was subject to criminal punishment prior to the crime of this case.