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(영문) 대전지방법원 2013.07.25 2013노715
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the prosecutor (the defendant A: imprisonment with prison labor for a maximum of two years, a short of one year and six months, and a half of one year and six months) is too uneased and unfair.

B. The punishment sentenced by the court below (the defendant A: imprisonment of a maximum of two years, a short of one year and six months, and a half of one year and six months) is too unreasonable.

2. The judgment against Defendant A was examined, and the victim of each of the instant crimes was the majority, and there is no effort to recover from victims even though the degree of damage was not written, it is necessary to strictly punish the Defendant. However, although the Defendant was subject to juvenile protective disposition several times due to the same kind of crime, there is no fact of criminal punishment, but there is no fact of criminal punishment, the Defendant has yet to age as a juvenile offender, taking into account the following factors: Defendant A’s age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant A’s age, character and behavior, environment, motive, means and circumstance before and after the crime, the lower court’s punishment is deemed to be appropriate, and it is not unreasonable or unreasonable.

3. We examine the judgment on Defendant B, the majority of the victims due to each of the crimes of this case, the degree of damage is not small, and the defendant has already received juvenile protective disposition several times due to the same kind of crime. However, even though it is recognized that the defendant has not yet been subject to criminal punishment, there is no record of criminal punishment, the defendant has reached an agreement with the victim X, and the victim H and E have paid medical expenses and consolation money to the victim He and E, and taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant B's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, it is recognized that the sentence imposed by the court below on the defendant B is too unreasonable.

4. Ex officio review of the remedy order;

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