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(영문) 대전지방법원 2016.12.14 2016노2747
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. As to the gist of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court, the Defendant asserts that the punishment is too heavy, and the prosecutor asserts that the punishment is too minor.

2. The judgment of the defendant committed an injury or assault to the majority of the victims, and in particular, it is unfavorable that the victim G was injured by the serious injury of the victim, up to the time of the trial, and that the victim G and her mother wanted a strict punishment against the defendant.

However, it is advantageous to the fact that the Defendant recognized all of the instant crimes and reflected in depth on the part of the Defendant, the Defendant was the first offender who had no record of criminal punishment as a juvenile at the time of committing the instant crime, and appears to have relatively solid social ties, and deposited KRW 10 million for the victim G in the lower court, and further efforts to recover damage, such as deposit of KRW 10 million for the victim G, KRW 10 million for the victim H, KRW 1 million for the victim H, and KRW 5 million for the victim F, etc.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background leading to the Defendant’s crime, means and consequence of the crime, and various sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's argument on unfair sentencing is reasonable, and the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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