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(영문) 창원지방법원 2017.02.16 2016노2217
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below Nos. 1 and 2 shall be reversed.

Defendant

A. In 10 months of imprisonment, Defendant B’s imprisonment with prison labor, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The sentence that Defendant A first instance court sentenced to Defendant A (one hundred months of imprisonment) is too unreasonable.

B. Each punishment sentenced by Defendant B to Defendant B (the first instance court: January 6, 3: January 1: June 1: June 1: June) is too unreasonable.

(c)

Defendant

C Each sentence sentenced by the first and second judgment to Defendant C (one original judgment: one year and six months, and the second judgment: one year) is too unreasonable.

(d)

Each sentence sentenced to the Defendants by the first instance court of the prosecutor to the Defendants is too unhued and unfair.

2. Determination

A. Prior to the judgment on the grounds for ex officio appeal as to Defendant C’s reasons for appeal, the judgment of the court below was rendered with respect to Defendant C, and Defendant C filed an appeal against the judgment of the court of first instance as to the judgment of the court of first instance, and the court of first instance decided to concurrently deliberate on the above two appeals cases. The court of first and second trials with respect to Defendant C is in a concurrent relationship under the former part of Article 37 of the Criminal Act with respect to each of the crimes under Article 38(1) of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the part on Defendant C and the judgment of the court of first instance cannot be maintained.

B. Determination on the grounds of appeal 1) The crime of this case with respect to Defendant A was committed by assaulting and injuring the victims jointly with Defendant B and C on the ground that the nature of the crime was poor. The Defendant committed the crime of this case, even though he had the record of having been sentenced one time to suspended the execution of imprisonment with prison labor due to the same kind of crime, and two times to be sentenced to a fine, is disadvantageous to the Defendant.

However, the defendant led to the confession of criminal facts, living in prison for about ten months, and served almost a prison term of the court below, and against the defendant's mistake, the degree of the defendant's participation in the crime is relatively minor, and the victim I (in the original judgment of four weeks), and the victim J (in the first instance judgment of eight weeks), respectively.

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