logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.04.21 2019노3356
특수폭행등
Text

1. Of the judgment of the court of first instance, the part as to each of the crimes in the judgment of the court below against Defendant C in the case of 2019 Highest 2884, Defendant F, G, H.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s judgment 1) did not have conspired or participated in a mistake of facts (Defendant G), and, in particular, despite that the Defendant was not an accomplice with respect to the victim X, K, and N prior to arrival at the scene of the crime, the lower court erred by deeming that the Defendant constituted a joint principal offender and thereby adversely affecting the conclusion of the judgment. 2) The lower court’s imprisonment (Defendant C, F, G, H, I, and J) with respect to the crime of unfair sentencing (defendant C:2019 high-class 284) (Defendant C was sentenced to imprisonment with prison labor for 6 months and 2 years, 2018 high-class 4662) with respect to each of the crimes in the first instance judgment; imprisonment with prison labor for 2019 high-class 284 cases; imprisonment with prison labor for 2019 high-class 28 years and 2018 high-class 28 years and 2018 high-level 28 years and 28 years, probation, community service:18 months and 28 years and :8 months.

B. The court below's decision 2: The prosecutor, the sentence sentenced by the court below on unreasonable sentencing (Defendant AP: 6 million won of fine) is too unhued and unfair.

C. The court below's decision 3: The punishment sentenced by the court below on unreasonable sentencing (the imprisonment of Defendant H: 5 months, Defendant AP: Imprisonment of three months, and Defendant A: imprisonment of two months) is too unreasonable.

The judgment of the court below 1) was under the influence of the Defendant A at the time of the instant crime. 2) The sentence of unfair sentencing (Defendant AP, A, and AO) sentenced by the court below (Defendant AP: Imprisonment with labor for one year, two years of imprisonment with labor for two years, and Defendant AO: imprisonment with labor for one year) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

A. Defendant F is a crime of violating the Punishment of Violences, etc. Act (joint assault) at the Daejeon District Court on August 22, 2019.

arrow