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(영문) 광주지방법원 2019.05.02 2019노555
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The court below set the punishment against Defendant A by taking account of the circumstances favorable to the fact that Defendant A was committed during the period of suspended execution, and that Defendant A was punished several times, including the suspended sentence due to violent crime, and that the degree of violence used by Defendant A was not easy, and that Defendant A was most of the criminal facts, and that Defendant A was committed against the victims and was smoothly agreed with the victims.

C. Meanwhile, the lower court, under the circumstances that Defendant B committed the instant crime during the period of repeated crime due to the crime of obstruction of performance of official duties, etc., and the degree of the used violence is not easy, and there was a record of several times of punishment due to the crime of violence, determined a punishment against Defendant B by taking into account the favorable circumstances that Defendant B recognized his mistake, reflects his depth, and agreed with the victims.

C. Based on the legal principles as seen earlier, Defendant A denied part of the crime of this case at the court below and reflects the whole of the crime of this case at the court below. However, there is no particular change in the above sentencing conditions compared to the court below. In addition, considering the defendants' age, character and behavior, motive for the crime, circumstances after the crime, etc., the sentencing factors revealed in the arguments of this case, and the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentencing of the court below is too unreasonable.

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