(영문) 서울서부지방법원 2017.08.31 2017노532

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.08.31 2017노532

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence against the Defendants (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 5 million) is too unreasonable.

B. The Prosecutor’s sentence against the Defendants is too unfortunate and unreasonable.

2. In light of the judgment, the Defendants jointly committed violence against the victim F, and Defendant B was sentenced to five years of imprisonment on August 12, 2009 due to robbery, etc. on August 16, 2013, and the execution of the sentence was completed on October 16, 2013, and there was not only committed a violation of the Punishment of Violences, etc. Act (joint injury) during the period of repeated crime, but also had a record of punishment already been imposed on several occasions for the same thief crimes against the Defendants.

On the other hand, the defendants led to the confession of all of the crimes of this case and violate the Act on the Punishment of Violence, etc. of this case, and the crime of violation of the Punishment of Violences, etc. of this case (joint injury) seems to have been contingently punished without any smooth communication between the defendants, who are the disabled, and the victim F. In relation to the treatment of the victim F, the defendants paid compensation to the National Health Insurance Corporation in relation to the treatment of the victim F. The defendants deposited 2 million won as compensation for the victim F. The defendant A did not have been punished in excess of a fine due to the crime related to violence, and the defendant B did not have any punishment for the crime related to violence, and the defendant B paid damages to the victim I and agreed to it smoothly.

In addition, in full view of various sentencing conditions as shown in the pleadings of the instant case, such as the age, sex, environment, the process and consequence of the instant crime, the circumstances after the instant crime, etc., the lower court’s punishment against the Defendants is too heavy, or it cannot be deemed unfair because it is too low. Therefore, each of the unlawful arguments in sentencing by the Defendants and the prosecutor are without merit.

3. If so, the Defendants and the Prosecutor’s appeal are to be concluded.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-광주고등법원 2018.12.06 2018노379

-서울중앙지방법원 2019.02.14 2018노3522

-광주지방법원 2017.03.30 2016노4304

-서울북부지방법원 2017.08.10 2017노1164

-서울고등법원 2015.07.17 2015노1163