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(영문) 인천지방법원 2020.02.06 2019노3504
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Of them, the part on Defendant F is reversed.

Defendant

F. A person shall be punished by imprisonment for not less than six months.

Defendant

B.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the Defendants (eight months in prison) is too unreasonable.

2. In full view of various circumstances, including the fact that Defendant B committed the instant crime during the period of repeated crime due to the same kind of crime as to Defendant B’s appeal, and the fact that Defendant B committed the instant crime after committing the crime on June 15, 2018, which was held in the lower judgment on February 2, 2019 after committing the crime on February 2, 2019, as well as the fact that Defendant B committed the crime on February 2, 2019, which is a condition for sentencing as indicated in the instant case, the sentence imposed by the lower court to Defendant B is too unreasonable, and thus, Defendant B’s allegation of unfair sentencing is groundless

3. In light of various sentencing conditions indicated in the records and arguments of this case, considering the following: (a) the Defendant F committed the instant crime during the repeated offense period due to the same kind of crime as to Defendant F’s appeal; (b) the Defendant F committed the instant crime; (c) the Defendant F directly committed the instant crime, one victim S; (d) the degree of participation in the entire crime; (e) the Defendant submitted a written agreement with U.S. at the lower court; and (e) the Defendant submitted the written agreement with U.S. at the trial; and (e) the Defendant submitted the written agreement with Defendant S

4. In conclusion, Defendant B’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Since Defendant F’s appeal is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part concerning Defendant F among the judgment below against Defendant F is reversed and it is again decided as follows after pleading.

[D. (Defendant F) The summary of the facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of the evidence, and the summary of the evidence is identical to the facts in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369

Application of Statutes

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 of the Criminal Act concerning facts constituting an offense, and Article 2 (2) 3 of the same Act concerning the selection of punishment.

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