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(영문) 춘천지방법원 강릉지원 2019.09.26 2019노209
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1) There is no fact that Defendant A committed a crime against Victim C, which led to the occurrence of a crime.

In addition, at the time of Defendant A’s assaulting the victim, Defendant B did not take part in the crime, such as threatening the victim beyond the victim.

B) The Defendants did not inflict injury upon the victim G in the course of committing the crime as stated in the lower judgment. 2) The lower court’s sentence of unfair sentencing (Defendant A: Imprisonment with prison labor for 10 months, Defendant B: imprisonment with prison labor for 6 months, and 2 years of suspended execution) is too unreasonable.

B. The prosecutor (unfair sentencing on Defendant A)’s sentence is too unhued and unfair.

2. Determination

A. In full view of the following facts: (a) the credibility of each of the above statements is recognized in light of the following: (i) the victim and witness witnessF statements recognized by the court below and the evidence duly adopted and examined by the court below; (ii) the degree of consistency with each other; (iii) the relation with the Defendants; (iv) the attitude of the Defendants to make a false statement; and (iv) the possibility of false statements; and (v) the evidence of the court below’s decision, together with the evidence as stated in the judgment of the court below, the fact that the

Therefore, the defendants' assertion of mistake is without merit.

B. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court on the sole ground that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in the sentencing conditions compared with the lower court on the grounds that new sentencing materials have not been submitted at the trial.

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