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(영문) 인천지방법원 2015.12.18 2015노3747
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for two months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the Defendants is too unreasonable.

2. In light of all the records such as the fact that the Defendants recognized all the instant crimes, the lower court agreed with the victim J, L, M, and N, which led to an agreement with the victim K and deposited 100,000 won with the victim K, the Defendants made a statement that they had been detained for more than five months due to the instant crime, the Defendants committed the instant crime by the victim J and dispute, the Defendants committed the instant crime by contingently, and all the sentencing conditions in the records, including the Defendants’ age, character and conduct, the background of the instant crime, and the circumstances before and after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendants’ above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court against the defendants is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of each imprisonment with prison labor;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A, who suspended the execution, was found to have committed the instant crime in favor of the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the grounds for reversal in the above order). However, the Defendants were to commit the instant crime.

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