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(영문) 창원지방법원 2016.04.21 2016노100
특수폭행등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

B Imprisonment with prison labor of one year and four months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower judgment against the Defendants (Defendant B: one year and ten months of imprisonment; three years of probation; three years of probation observation and community service; one year and six months of imprisonment; one year and six months of probation; two years of probation, two years of probation observation and community service; one year of imprisonment; one year of probation; and one year of probation and one hundred and sixty hours of community service) is too unreasonable.

B. The sentence against Defendant B of the Prosecutor’s judgment is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant B and the prosecutor, prior to the judgment on the judgment on the grounds for appeal by the Defendant B, the Prosecutor applied “A violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the names of the crimes against the Defendant in the trial of the Defendant” to “special injury”, and the corresponding applicable legal provision “Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act” to “Article 258-2(1) and Article 257(1) of the Criminal Act” to “Article 258-2(1) and Article 257(1) of the Criminal Act,” and “A violation of the Punishment of Specific Violence, Violence, etc. (a group, deadly weapon, etc.) of the Act (a crime committed against the Defendant in the trial of the lower court)” to “A special assault of the Defendant B,” and thereby, the part of the judgment below to be modified.

3. We examine the determination as to Defendant C and D’s assertion, and the crime of this case is recognized as having committed a crime of violence and damage to property collectively with dangerous articles by the Defendants, and the case is grave.

However, the crime appears to be contingent, the victim's injury is not severe, the defendants have no record of the same kind of suspension of execution or higher, the defendants are against the victims, the victims and the victims have agreed smoothly, the defendant C suffered serious injury such as complete shock of the right slives, and the defendant D is a disabled person with the remaining function without delay in 2015.

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