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(영문) 수원지방법원 2020.12.17 2020노5215
특수상해등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (for the defendant A, 10 months of imprisonment and 2 years of suspended execution, and 5 million won of fine) of the lower court is too uneased and unreasonable.

2. The judgment of the court below ex officio with respect to Defendant A’s appeal was a juvenile under Article 2 of the Juvenile Act when the judgment of the court below was pronounced to Defendant AB. However, the court below’s judgment that mitigated punishment pursuant to Article 60(2) of the Juvenile Act was no longer maintained since the above Defendant was the adult of the age of 19.

3. The crime of this case regarding Defendant B’s appeal is acknowledged as follows: (a) the Defendant, along with Co-Defendant A, threatened the Victim K with Co-Defendant A to take 300,000 won in cash by threatening the Victim K; (b) the nature of the crime was bad; (c) the Defendant was subject to juvenile protective disposition several times; and (d) the Defendant did not have

However, in full view of the fact that the defendant recognized the crime of this case, the crime of this case is committed by the defendant when he is a juvenile, and that the defendant is currently 19 years old, that the defendant is merely 19 years old, that the defendant's previous amount is not significant, and that the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, means and result of the crime of this case, and the sentencing of similar cases as shown in the records and arguments, such as the circumstances after the crime, etc., it cannot be deemed that the court below's sentence against the defendant is unfair

Therefore, the prosecutor's above assertion is without merit.

4. Accordingly, since the part of the judgment of the court below against Defendant A in its judgment on the grounds of the above ex officio reversal, it is reversed pursuant to Article 364(2) of the Criminal Procedure Act without the prosecutor's allegation of unfair sentencing against Defendant A, and it is again decided as follows. The prosecutor's appeal against Defendant B among the judgment below is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It

Defendant

A shall be used again for A.

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