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(영문) 광주지방법원 2015.09.09 2015노1685
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the appeals filed by the prosecutor and the defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (a fine of two million won is imposed on Defendant A, Defendant B, and Defendant B: imprisonment with prison labor for a period of four months) is too unhued and unreasonable.

B. Defendant B’s punishment is too unreasonable.

2. Determination

A. Defendant A was involved in the instant crime with the knowledge that Defendant B and H, the victim G, etc. were an infinite employee, and the investigation was conducted on the charge of violating the Punishment of Violences, etc. Act (collectively weapons, etc.) with the content that he/she participated in the instant crime as a profining force in around 2015, but the suspension of indictment was imposed on the charge of violating the Punishment of Violences, etc. Act (collectively weapons, etc.). On the other hand, the Defendant did not have any record of criminal punishment except for a crime of violating the Punishment of Violences, etc. Act (joint assault) in 2011; the Defendant recognized his/her mistake and reflects the fact that he/she did not want criminal punishment against the Defendant; taking into account other favorable circumstances, such as the background of the instant crime, circumstances after the commission of the crime, Defendant’s age, character and behavior, and environment, the prosecutor’s allegation as above is without merit.

B. Defendant B, who was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (Formation of Organization, etc.) in 2007, and was sentenced to a sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (Organization of Organization, etc.) in 2008 and the validity of the suspended sentence becomes null and void even after the sentence became final and conclusive on September 16, 201, etc., Defendant B again committed the instant crime since one year has not passed since the execution of the sentence was completed on September 16, 201, etc.; however, the equity should be taken into account at the same time with the case of a violation of the Punishment of Violences, etc. Act (joint assault) in the first head of the judgment of the court below which is in the concurrent relation of Article 37 of the Criminal Act

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