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(영문) 대전지방법원 2015.09.23 2015노1719
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., one year and six months of imprisonment, two years of suspended sentence, ten months of imprisonment, and two years of suspended sentence) is unreasonable.

2. Determination

A. The fact that the injury suffered by Defendant A victim F is serious, and that the victim F and his family members want to be punished by the defendant is disadvantageous to the defendant.

However, the fact that the Defendant led to the instant crime and reflects his mistake, paid some medical expenses to the victim F, and deposited KRW 15,000,000 for the victim F (the trial record 188 pages), the fact that the Defendant agreed with the victim E (the trial record 152 pages) is the first offender who has no criminal power, is favorable to the Defendant.

In addition to the above circumstances and other circumstances leading to the instant crime, including the following circumstances and motive, the circumstances after the commission of the crime, the defendant's age, character and conduct, family relation, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the crime of violation of the Punishment of Violence, etc. Act (collective injury, deadly Injury, etc.) against Victims F [the scope of recommending punishment] of habitual injury, repeated injury, repeated injury, special injury [the scope of punishment] of category 1 (Habitual Injury, Cumulative Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi) [the person under special mitigation/ four years] of the basic area [the crime of violation of the Punishment of Violence, etc. Act (collective injury, etc. to the victim E [the scope of recommending punishment] of the crime of habitual injury, repeated injury, special injury, special injury area] of category 1 (Habitual injury, special mitigation range from September to June 2).

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