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(영문) 의정부지방법원 2017.09.21 2017노1111
특수재물손괴등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, observation of protection, and 120 hours of community service) imposed by the court below on the defendant is deemed to be too uneasy and unfair.

2. The lower court sentenced the Defendant to one year of imprisonment, two years of suspended execution, two years of protection observation, community service work, etc. in consideration of favorable circumstances, such as the fact that the Defendant’s mistake is against the Defendant, and that the victims expressed their intent not to want punishment against the Defendant.

Although the Defendant’s mistake against the Defendant, the victim J or U.S. prosecutor asserts that the Defendant did not reach a genuine agreement with U.S., according to the content of text messages sent and received by his mother and U.S.’s mother, it is acknowledged that the Defendant expressed his intent that the Defendant does not want to contact with U.S. on the part of U.S., but it is premised on the Defendant’s intent that the Defendant does not want to punish the Defendant once in consultation with U.S...

I seem to have agreed with the court (146-149 of the court records). The defendant paid 200,000 won to the victim J, 200,000 won to U for the victim T, 200,000 won for the victim AF, 50,000 won for the victim T, and 50,000 won for the defendant, and 146-149 of the court records are favorable to the defendant.

However, the crime of violation of the Punishment of Violence, etc. by the Defendant (joint assault) committed an assault with A at the same time, and the Defendant actively participated in the assault by taking the friend at the end of the case and taking the head of the said victim at the time of the instant case.

The Defendant’s crime of violation of the Punishment of Violence, etc. Act (joint injury) against the Defendant’s victim T also inflicted an injury upon the said victim by drinking the said victim with C for a minor reason. The Defendant, who was subject to the assault, tried to take place in the fluence of the said victim while committing the assault.

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