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(영문) 수원지방법원 2012.12.27 2012노3940
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the Defendant’s assertion of unfair sentencing is based on the following factors: (a) the Defendant committed the instant crime; (b) the victim does not want the Defendant’s punishment by mutual consent with the victims; and (c) the Defendant has no history of any particular criminal punishment; (b) the lower court appears to have sufficiently taken into account such favorable circumstances in sentencing; (c) there is no change in circumstances to mitigate them again in the trial; (d) the instant crime was committed jointly with G, etc. by the Defendant, with the victims, and was inflicted an injury on the victims; (b) the nature and circumstances of the instant crime are not easy; (c) the Defendant and G appears to have played the leading role in the instant crime; and (d) the Defendant and G appears to have played the leading role in the instant crime; and (d) in light of various sentencing conditions indicated in the instant case’s records and arguments, such as the Defendant’s age, character and conduct, family environment, motive, means, method, and result leading to the instant crime; and (e) the lower court’s fine (5 million won) is inappropriate and too unreasonable.

2. In conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. (However, since each of the "defendant G" in Articles 2, 14, and 3, Paragraph (1) of the judgment of the court below is obvious that it is a clerical error of each "G" and "S" in Chapter 5, Paragraph (1) of the Criminal Procedure Act, the defendant's appeal is corrected ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, and it is so ordered.)

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