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(영문) 서울북부지방법원 2020.02.13 2019노1305
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (in fact-finding and inappropriate sentencing) The Defendants are asserting that the victim breathed the time fee or sexual harassment against the female-friendly L of the Defendants and the Defendant B under the influence of alcohol, and that the Defendant A was blicked with the victim’s her blick, and that the victim’s face was blicked twice the victim’s face. However, the victim’s injury was flicked with the victim’s blicking part of the blicked part of the blicked part of the blicked part of the victim’s face, and that the victim’s injury did not actually require treatment such as 8 weeks hospitalization as written diagnosis, but the Defendants asserted that the degree

The sentence of the lower court against the Defendants is too unreasonable.

Judgment

In full view of the various evidences duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the fact that the Defendants jointly assaulted the victims and sustained injury that requires eight weeks of medical treatment is sufficiently recognized.

The reason alleged by the Defendants, namely, the fact that the victim does not actually undergo the eight-day hospitalization, etc., is merely a matter to be considered in sentencing.

Therefore, the above assertion by the Defendants is without merit.

The lower court, based on its stated reasoning, determined the Defendant’s punishment on the allegation of unfair sentencing.

However, in full view of the circumstances favorable to the Defendants, such as the Defendants’ recognition as a substitute for the instant crime, the Defendants appears to have made efforts to agree with the victims, the circumstances that may be considered in the course of the instant crime, and the health status of Defendant A, etc., and other various sentencing conditions as shown in the instant pleadings, including the Defendants’ age, environment, and motive and circumstance of the instant crime, the lower court’s punishment against the Defendants is unreasonable.

Therefore, the Defendants’ .

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