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(영문) 광주지방법원 2018.08.30 2017노1044
상해
Text

All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (each of the Defendants’ fines of KRW 5,00,000) is too unhued and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

Defendant

A had the record of being punished twice for the same crime, and even during the suspension of execution due to a violation of the Act on the Protection of Juveniles from Sexual Abuse, Defendant B had the record of being punished three times for the same crime, and committed each of the instant crimes even though he/she is under the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).

On the other hand, the following conditions are favorable.

The Defendants recognized the instant crime and opposed to the instant crime.

The Defendants seem to have caused the instant case by contingency in the course of drinking and dispute while drinking together at the time of the instant case.

The Defendants agreed to the mutual agreement.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion that the lower court’s punishment is too weak or unreasonable, and thus, is without merit.

3. The appeal against the Defendants by the prosecutor of the conclusion and the appeal by the Defendant A are all groundless, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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