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(영문) 수원지방법원 2019.01.24 2018노4963
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant is against his mistake and the degree of the defendant's participation in the crime of this case, the punishment of the court below (5 million won) is too unreasonable.

B. In light of the fact that the degree of injury to the prosecutor’s victims is not somewhat weak, the lower court’s sentencing against the defendant is too uncomfortable and unfair.

2. However, the degree of injury of B caused by the instant crime is not easy, and there is a substantial risk to the Defendant, such as the method, circumstance, etc. of the instant fighting.

On the other hand, the fact that the defendant made efforts to recover damage, such as the payment of medical expenses of the victims and the agreement with the victims, that the defendant has no record of punishment in the Republic of Korea, and that the defendant's behavior and the defendant's behavior appear to have been avoided contingently as the victim's behavior and trial expense were committed.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive of the crime of this case, and circumstances after the crime of this case, etc., the sentence imposed by the court below cannot be deemed to be too heavy or too unreasonable because it is deemed appropriate.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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