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(영문) 수원지방법원 2020.02.06 2019노6056
특수상해등
Text

The part concerning Defendant A and R among the judgment of the court of first instance and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A shall be sentenced to two years of imprisonment;

Reasons

1. Summary of grounds for appeal;

A. The summary of the grounds for appeal by the Defendants against the judgment of the court of first instance is too unreasonable that each punishment (one year and six months of imprisonment, one year and two months of imprisonment, one year and two months of Defendant R, and one year of imprisonment, one year and one year of imprisonment) against the Defendants in the judgment of first instance on the gist of the grounds for appeal by the Defendants against the judgment of the court of

B. A summary of the grounds for appeal by the Defendant A and the Prosecutor against the judgment of the court below of the second instance is unreasonable, since the punishment (one year of imprisonment) of the judgment of the second instance is too unreasonable. 2) The punishment of the judgment of the court of the second instance by the prosecutor is too unreasonable.

2. Determination

A. Defendant N and AD’s grounds for appeal are deemed to have been led to the confession of all crimes and are in violation of depth, Defendant N returned money directly received from the damaged insurance company, Defendant AD agreed with the victim BO of special injury, Defendant AD committed with co-defendants only twice, and Defendants were young people who are merely 23 years of age, but the lower court also seems to have determined punishment in consideration of all the above sentencing grounds.

In this situation, the crime of this case was committed by the Defendants in collusion with accomplices by intentionally causing a traffic accident, thereby causing bodily injury to the victims or destroying a motor vehicle in the process, and by deceiving property by Defendant AD through misrepresentation of a game machine transaction, etc. in light of the method and contents of the crime, etc., the crime committed by Defendant N is about 10 times, and Defendant AD committed the crime of this case on August 11, 2017 only about 3 months after he was released from prison, and Defendant N committed the crime of this case. Defendant N did not receive suspicion from the victims of the crime of special injury except for the victim BO, special attempted injury, special property damage, special property damage, and attempted damage of special property, and Defendant AD did not receive suspicion from each victims, equity in sentencing with the same or similar incidents, age, career, character, environment, motive, means and consequence of the crime of this case.

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