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(영문) 광주지방법원 2017.11.28 2017노429
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment is too unreasonable.

B. The lower court’s sentence against Defendant B of the Prosecutor is too unhued and unreasonable.

2. The Defendant recognized each of the instant crimes, and agreed with the victims, as to Defendant A’s argument of unfair sentencing.

However, each of the crimes of this case committed with B without any particular reason by the defendant, and committed a crime that causes injury to the victims and interferes with the damage of property and the execution of official duties, and the nature of the crime is not weak.

The defendant has a record of committing violent crimes, such as special robbery and special rape, and has a record of committing violent crimes several times.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

3. In the instant case where there is no change in sentencing conditions at the trial compared with the original judgment, the lower court’s punishment is only within the reasonable discretion, and it is not deemed unfair because it is too unreasonable, in full view of all the various circumstances, such as the Defendant’s age, sex, environment, circumstances of crime, circumstances after crime, etc., as indicated in the records and arguments of the instant case, including the circumstance that the Defendant inflicted an injury on the victims along with the Defendant A and the victim, and the victims do not want punishment.

4. In conclusion, the appeal by the defendant A and the prosecutor is with merit.

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