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(영문) 수원지방법원 2014.04.10 2013노4962

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment against the Defendants (ten months of imprisonment, two years of suspended sentence, two hours of probation and community service order) is too unreasonable.

2. The facts that the Defendants were led to confession, and that the victims agreed with the victims of the injury did not want the punishment of the Defendants are considered to have been reflected in the lower judgment’s favorable circumstances or these circumstances. Defendant A had a criminal record of having been punished several times for the same kind of crime as the instant crime. Defendant B had a criminal record of having been punished for the same kind of crime; Defendant B also had a criminal record of having been punished for the same crime; the Defendants did not have good quality of the instant crime committed by assaulting the victims jointly with the victims without any special reason; and other various sentencing factors indicated in the instant case, including the Defendants’ age, character and conduct, occupation and family environment, the background and consequence of the instant crime, etc., do not seem to be excessively unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.