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(영문) 대전고등법원 (청주) 2017.08.24 2017노63
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. A person shall be punished by imprisonment for a term of two years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (the 8-year imprisonment; the 5-year imprisonment; the 3-year imprisonment; the 3-year imprisonment; the 2-year imprisonment with labor for the 3-year defendant D); the 3-year imprisonment with labor for the 2-year period; and the 3-year imprisonment with labor)

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Determination:

A. As to the Defendant A and the Prosecutor’s assertion, the Defendant appears to have led to confession and reflect on his own crime.

Although the defendant has a record of being subject to multiple juvenile protective disposition, there is no record of criminal punishment until it has yet to be sentenced.

However, among the crimes of this case, a series of crimes with the victim K (a name) among the crimes of this case was committed on the grounds that the above victim did not make any particular mistake, and thus, the crime was committed in collusion with the remaining Defendants to the extent that it is impossible to give the victim a cruel punishment, and that the crime was committed in collusion with the other Defendants, and attempted to rape by force.

In particular, the Defendant attempted to engage in similar rape with the above victim, threatened the above victim with the kitchen knish, or spits spits spit with water, and even spits with water, led cruel acts such as supporting the smoke of the kitchen, etc., so the criminal liability is much larger than the other defendants.

As such, it is not necessary to punish the cases where the current market price for the body and human rights of others is clearly revealed without the awareness of any particular crime.

Due to the above crimes, the above victims are suffering from serious mental suffering, and require severe punishment against the defendant.

The defendant did not make any effort to recover from damage until the trial of the party, and did not receive the above victim's letter.

The defendant also commits fraud or special larceny against many victims.

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