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(영문) 대전지방법원 2018.04.19 2017노4021
특수상해
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence imposed on the Defendants is too unreasonable.

2. The judgment of the defendant A, B due to the same and different types of crimes, and the defendant B, even though they were in the period of repeated crime due to the same crime, it is inevitable to sentence the defendants as to the crime of this case in that they committed the crime of this case.

However, in full view of the following: (a) the Defendants were committed each of the instant offenses; (b) the Defendants had already been aware of the commission of detention for about eight months; (c) the victim agreed with the victim; (d) the degree of the Defendants’ participation in the commission of the crime; (b) the Defendants’ age, sex, environment, criminal records, criminal records, criminal records, details of the crime; (c) the degree of injury before and after the commission of the crime; and (d) other various sentencing conditions such as the circumstances before and after the commission of the crime, the sentence of the lower

Defendant

C. In light of the fact that the Defendants committed the instant crime without being among persons during the period of suspension of execution due to the same crime, and that the degree of assault by the Defendants and the degree of injury by the victims seems to be significantly serious, a sentence of sentence on the Defendants is inevitable.

However, it is recognized that the sentence of the court below is too unreasonable in light of all the sentencing conditions stated in the arguments of this case, including the defendants' age, sexual conduct, environment, background, degree of participation in the crime, degree of participation in the crime, and circumstances before and after the crime, etc., and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual conduct, environment, circumstance, degree of participation in the crime, etc., are too unreasonable.

3. In conclusion, the part of the judgment below against the Defendants is reversed and the pleadings are made in accordance with Article 364(6) of the Criminal Procedure Act.

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