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(영문) 창원지방법원 2017.08.17 2017노1448
폭력행위등처벌에관한법률위반(공동상해)등
Text

All the judgment below is reversed.

Defendant A shall be punished by imprisonment with prison labor for one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendants: The punishment of the lower judgment (in the case of Defendant A: imprisonment for a short term of one year and six months, a maximum of two years, a death sentence No. 2, Defendant B: imprisonment for a term of four years, and Defendant C: imprisonment for a term of one year) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment against Defendant A and B is too unfased and unreasonable.

2. We examine the judgment ex officio on the grounds of each appeal by the prosecutor against Defendant A and the above Defendant A prior to the judgment on the grounds of each appeal by the prosecutor.

The above defendant was a AC student, who was a juvenile under the Juvenile Act at the time of the pronouncement of the judgment of the court below, but became an adult in the past.

Therefore, among the judgment of the court below that sentenced the above defendant to an illegal sentence in accordance with the Juvenile Act, the part against the above defendant can no longer be maintained.

3. The prosecutor's decision on the unfair sentencing of the defendant B and the above defendant was examined, since August 2016, and since around October 2016, there were unfavorable grounds for sentencing, such as inducing the victim by tamply and cruel methods, the degree of injury to the victim, the degree of injury to the victim, and the absence of agreement with the victim, etc. However, the above defendant is against the confession of the crime, there is no criminal record, and there is no criminal record, even though he has been attained the age of 3 years in high school at the time of the crime, the defendant's age, family relation, economic situation, circumstances and motive leading to the crime, and all other records and changes in the sentencing indicated in this case, and the above argument by the prosecutor is without merit, and the above argument by the court below is without merit.

4. The judgment of Defendant C’s unfair argument of sentencing is examined, and Defendant B’s shot and cruel method is the victim.

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