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(영문) 대구지방법원 2018.10.19 2018노2537
폭력행위등처벌에관한법률위반(공동상해)
Text

1. The part of the judgment of the court below against Defendant A is reversed.

2. The defendant A shall be punished by imprisonment for eight months;

3. Defendant B.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment of 10 months, Defendant B, and C: Imprisonment of 8 months, suspension of execution of 2 years, observation of protection, and community service order of 120 hours) is too unreasonable.

2. Determination

A. It is recognized that Defendant A’s illegality of sentencing, including the fact that Defendant A was sentenced to suspended sentence of imprisonment, had the record of being punished twice for the same crime, and that Defendant committed the instant crime during the period of repeated crime due to special larceny, and that the degree of injury to Victim H is relatively heavy.

However, it is recognized that the defendant's mistake and reflects his mistake, it is 23 years of age, and it has reached an agreement with all victims in the past and in the past.

In addition, considering all of the sentencing conditions shown in the records and theories of this case, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is somewhat inappropriate.

B. It is recognized that Defendant B and C’s unfair sentencing is recognized that the Defendants recognized and opposed to the crime, that they agreed with all the victims, and that Defendant B did not have any criminal record exceeding the fine.

However, it is also recognized that Defendant B has been punished three times for the same crime, and Defendant C has a record of being punished three times for the same crime, including the suspension of the execution of imprisonment with prison labor, and the degree of injury of Victim H is relatively heavy.

In addition, in full view of the various circumstances that are conditions for sentencing, such as the age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the court below after the judgment of the court below, the sentence imposed by the court below is too unreasonable.

3. In conclusion, Defendant A’s appeal is with merit.

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