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(영문) 대구고등법원 2016.06.02 2015노562
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment with prison labor for eight months, a suspended sentence of two years, and a fine of five hundred thousand won) are too uneased and unreasonable.

2. The judgment of the Defendant A demanded repayment of the obligation, etc., and caused injury to the victim, which requires approximately four weeks of medical treatment, by pushing the victim several times on the wall, and Defendant B assaulted the victim at the time of the victim’s scam.

Defendant

A filed a complaint on the facts of damage by the injured party, and the victim's street blocking from the vehicle of the injured party being investigated, followed by the following stones, and added approximately two weeks of the windows to the injured party, and added the injury requiring approximately two weeks of treatment.

In light of the contents and methods of these crimes, the crime of this case is not against the nature of the crime, and the defendants did not receive a letter from the damaged person.

On the other hand, the defendants are aware of crimes and reflect their mistakes.

The Defendants committed a crime with a large amount of money borrowed through the victim and did not receive a long-term repayment.

Defendant

A deposits KRW 2 million for the victim, and the degree of tangible power exercised by the defendant B is not much severe.

In full view of all circumstances, including these circumstances, including the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court on the Defendants appears to fall under the scope of appropriate sentence corresponding to their liability, and it is not determined that it is unfair because it is too uneasible.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, all appeals filed by the prosecutor against the Defendants are dismissed in accordance with Article 364(4) of the Criminal Procedure Act as the grounds for appeal are without merit. It is so decided as per Disposition.

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