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(영문) 창원지방법원 2016.09.08 2016노1648
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

The parts concerning Defendant A and B shall be reversed, respectively.

Defendant

A and the defendant B shall be punished by a fine of eight months.

Reasons

1. The summary of the grounds for appeal (the punishment of the court below (the punishment of the defendant A: the imprisonment of eight months; the imprisonment of six months; the suspension of the execution of the imprisonment of six months; the defendant C: the suspension of the execution of six months; and the community service time of eight hours) is too unreasonable; and

2. Determination

A. Defendant A’s murder case, and Defendant’s escape to avoid punishment is an unfavorable reason for sentencing, and the fact that the Defendant agreed with the victim in the trial, and all of the crimes were led to the confession of the victim in the trial, and there was no record of criminal punishment in the Republic of Korea, and that the Defendant was detained for about five months is a favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.

B. Defendant B Dop and the criminal escape crime are crimes that interfere with the appropriate criminal justice action of the State and make it difficult to discover substantial truth, and thus, it is an unfavorable reason for imposing punishment. The defendant’s confession is against the defendant while making a confession of the crime, the degree of participation in the crime is minor, the domestic criminal punishment has no record of criminal punishment, and the compulsory departure is a favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.

C. Defendant C’s murder, Defendant’s confession while committing an offense, and the primary offense is favorable for sentencing, and Defendant C’s escape is appropriate for the State.

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