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(영문) 광주지방법원 2018.01.11 2017노3238
폭력행위등처벌에관한법률위반(상습상해)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

Reasons

1. The summary of the grounds for appeal appealed against the Defendants by the lower court’s respective sentences (in case of Defendant A, two years and six months of imprisonment, and in case of Defendant B, one year and six months of imprisonment). The prosecutor appealed that the lower court’s respective sentences against the Defendants are too unfasible and unfair. The Prosecutor appealed that the lower court’s respective sentences against the Defendants are too unfasible.

2. The defendants were punished three times for the same crime (defendant A and two times for the suspension of execution, and the defendant B and one time for the same crime). The defendants committed the crime of this case during the period of repeated crime of the same crime, and the defendants abused victims harshly are the circumstances unfavorable to the defendants.

However, considering the fact that the victim G was also the victim G was the victim of organized violence, that the victim attempted to commit violence against the defendants, that the victims did not want the punishment of the defendants, that the defendants paid additional damages to the victims when they were in the trial, that the defendants recognized their mistakes and are in depth against them, and that there are other circumstances mentioned in the arguments of this case, such as the defendants' age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the court below's punishment against the defendants is too unreasonable, and therefore, the defendants' arguments are justified.

3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the final judgment is reversed, and the subsequent decision is rendered after pleading as follows.

- The judgment re-written against the Defendants - The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 2(3)3 and 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment, and each sentence of imprisonment

B. Defendant B: each of them.

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