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(영문) 의정부지방법원 2020.03.27 2019노3591
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for eight months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (for the accused, eight months of imprisonment) of the lower court is too unreasonable.

2. The judgment of the Defendants is an unfavorable circumstance, such as the fact that the Defendants sought a victim from the perspective of the left-hand snow, and the permanent disorder of the snow water sampling room remains, and the extent of assault committed by the Defendants is very serious.

However, the defendants recognized the defendants' mistake and reflect it, and when the defendants were in the trial, the victim did not want the punishment against the defendants by mutual consent with the victim, and the victim seems to have done the fastest behavior to the defendants while fighting the horses, and there are circumstances to consider the circumstances of the crime. The defendant A has no record of criminal punishment for the last 15 years, and the defendant C has no record of criminal punishment for the same kind of crime.

In full view of these circumstances and the defendants' age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is somewhat inappropriate.

3. In conclusion, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.

[Reasons for the judgment to be used again for the defendants] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the description of each corresponding column among the parts against the defendants of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of a sentence

1. The sentence shall be determined as per the Disposition, in consideration of the various circumstances examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act;

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