(영문) 창원지방법원 2017.02.15 2016노2806 | 리걸엔진

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(영문) 창원지방법원 2017.02.15 2016노2806

폭력행위등처벌에관한법률위반(공동상해)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

All of the crimes of this case are recognized by the defendant, and there is no record that the defendant has been punished exceeding the fine for the same kind of crime, among the crimes of this case, the violation of the Punishment of Violences, etc. Act (joint injury) was led by C is committed by C, and the fact that the defendant agreed with the victim E of the crime of injury and intimidation in the trial of the party is favorable.

On the other hand, the crime of this case is committed by the defendant in collaboration with C, who is in need of the victim E for about two weeks of medical treatment, by threatening the victim E by himself, by deceiving the lending company, and by deceiving it, which is not good to the nature of the crime. The defendant has been unable to agree with the victim of the crime of this case even until now, the defendant has been punished several times of the same crime, and in particular, the defendant was sentenced to punishment for the violation of the Game Industry Promotion Act, and committed the crime of this case during the period of repeated crime.

In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and other circumstances that are conditions for sentencing, the punishment imposed by the lower court is too heavy or light.

shall not be deemed to exist.

3. In conclusion, the appeal filed 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. It is so decided as per Disposition.

참조조문

-게임산업진흥에 관한 법률

-폭력행위 등 처벌에 관한 법률

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