(영문) 광주지방법원 2021.02.10 2020노3242 | 리걸엔진

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(영문) 광주지방법원 2021.02.10 2020노3242

폭력행위등처벌에관한법률위반(공동상해)등

Text

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

Reasons

1. The summary of the reasons for appeal is that the sentence of the lower court (in the case of Defendant A: 10 months of imprisonment; 2 years of the stay of execution on June; 80 hours of community service; 2 years of the stay of execution on one year of imprisonment; 160 hours of community service; 2 years of the stay of execution on one year; 2 years of imprisonment in the case of Defendant E; 2 years of the stay of execution on six months of imprisonment; 80 hours of community service; 2 million won of fine) is too unreasonable.

2. The crime of this case in which the Defendants participated in part of each of the Defendants and jointly exercised violence against the victims, and the crime is not good enough to commit the crime.

In particular, Defendant C and D's special injury crimes are very dynamic and used violence or the degree of injury of the victim.

The victim seems to have suffered considerable mental and physical pain due to the crime of this case.

Defendant

D is most responsible for the crime of special bodily injury and the crime of confinement, and Defendant A committed the crime of this case since six months have not passed since the execution of sentence due to sexual assault was completed.

On the other hand, the defendants have the attitude to recognize and reflect all their crimes.

Defendant

B, C, and F had no criminal history prior to the instant crime, and only Defendant D and E have the record of punishing fines due to the instant crime.

Defendant

F is merely a passive participation in the instant crime, and Defendant C is a minor.

In full view of all the sentencing conditions and sentencing criteria expressed in the pleadings of the instant case, including the above circumstances, including the Defendants’ age, sex, environment, motive, means, consequence, circumstances after the commission of the crime, and the course and degree of the Defendants’ participation, the sentencing of the lower court exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

유사 판례

-인천지방법원 2017.09.22 2017노2393

-서울고등법원 2016.03.24 2015노3400

-의정부지방법원 2016.04.05 2015노2223

-광주지방법원 2018.12.11 2018노1814

-서울중앙지방법원 2016.08.25 2016노1332