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(영문) 서울고등법원 2020.01.09 2019노2236
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant: (a) seriously assaulted the victim’s face face face in the City of Scenes; and (b) caused the victim E to undergo approximately 8 weeks of treatment; (c) 4 weeks of treatment; and (d) caused the victim F to commit a crime in light of the method of assaulting the victims; and (e) the degree of injury inflicted on the victims, etc.

However, the Defendant recognized all of the instant crimes, and is in profoundly against his mistake while being detained for a considerable period after the date of the pronouncement of the lower judgment.

During the fighting between B and the victim E, the defendant was assaulted by the victim E in drinking to B by the victim E, and the defendant was not involved in the fighting, and was assaulted against the victim E.

Due to the assault of the victim E at the time, the defendant also sustained injuries that need to be treated for about four weeks (nives) and about two weeks (nives).

When the defendant was in the trial, he was convicted of the victims, paid medical expenses, agreed money, etc., and prepared a written application and written agreement that the victims do not want punishment against the defendant, and submitted it to this court.

There is no criminal offense against the defendant.

The defendant has two children who have to provide support.

The family and the persons of the defendant have repeatedly complained of their wife against the defendant.

Considering the various sentencing conditions shown in the argument of this case, such as the above various circumstances against the defendant, the age-oriented intelligence environment, family relations, motive means of crime, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

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