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(영문) 대구지방법원 2019.11.22 2019노2771
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (for the defendant A, 10 months of imprisonment, 2 years of suspended sentence, 120 hours of probation and community service, 120 hours of imprisonment, and 10 months of imprisonment) sentenced by the court below to the defendants is too unfasible and unfair.

B. Defendant B’s sentence imposed by the lower court is too unreasonable.

2. The prosecutor and the defendant B's arguments are examined together.

The crime of this case is committed by the Defendants, who are organized violence victims, jointly inflict an injury on the victims, and the nature of the crime is not good, the degree of violence is serious, and the injury suffered by the victims is not less severe, and the Defendants have the records of having been punished several times due to the same kind and different types of crime, etc. are disadvantageous to the Defendants.

However, all of the crimes of this case were led to the defendants' confession, and the period of self-esteem seems to have existed when the defendants were able to receive a considerable period of time due to the crimes of this case. The victims did not want to punish the defendants, and the victims were first committed the crime of this case, and there are some circumstances that could be taken into account in the course of the crime, considering that the case was committed against the defendants B.

In addition, considering the defendants' age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, crime records, and all of the sentencing conditions shown in the records and arguments of this case, it is difficult to see that the sentence imposed by the court below in the defendant A is unreasonable, and the sentence imposed by the defendant B is unreasonable.

3. In conclusion, since the prosecutor's appeal against the defendant A is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the defendant B's appeal is with merit, the part concerning the defendant B among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act.

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