(영문) 대구지방법원 2017.12.22 2017노2085 | 리걸엔진

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(영문) 대구지방법원 2017.12.22 2017노2085

폭력행위등처벌에관한법률위반(공동상해)등

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All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the prosecutor (the fine of KRW 10,00,000 for each of the fines of KRW 10,000,00 for Defendant C, Defendant D: each of the fines of KRW 4,00,00 for Defendant D) is too unfasible and unfair.

B. The sentence imposed by the lower court by Defendant A is too unreasonable.

2. The crime of this case was committed under the circumstances where the Defendants assaulted the victims of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the injury, and the nature of the crime is not good. In particular, the degree of violence committed against the victim H is very serious, and the degree of injury is likely to be more severe, Defendant A committed the crime of this case without weighting even though it was a large number of previous crimes of violence and during the period of suspension of execution, and Defendant B committed the crime of this case again during the period of repeated crime due to robbery.

However, there are favorable circumstances such as the confession of all the crimes of this case and the violation of his mistake, the medical expenses, etc. to the victim H were paid, the victims agreed in full with each other, the Defendant D attempted to fights on both sides of the instant Dos, and the Defendant C did not have the same criminal history.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is deemed appropriate in view of all the sentencing conditions as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

3. In conclusion, the Prosecutor’s appeal against the Defendants and Defendant A’s appeal are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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