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(영문) 서울고등법원 2018.04.19 2018노460
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. Defendant B’s punishment (hereinafter “2017 High 521”) sentenced by the lower court is too unreasonable, for six months of imprisonment and eight months of imprisonment for the case of “2017 High 633 High 633”).

(c)

Defendant

D The punishment sentenced by the court below (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The lower court alleged unfair sentencing by Defendant A: (a) takes into account (i) the circumstances unfavorable to the Defendant, (ii) the circumstances favorable to the Defendant, (iii) the Defendant’s confession to commit the instant crime, and (iv) the Defendant’s family members to support, and (v) the Defendant’s own family does not have a organizational life of the criminal organization.

Taking into account the fact that there is promising to be a victim X, Y, and the fact that there is a concurrent crime between the crime in which the judgment became final and conclusive and the fact that there is a need to take into account the case of concurrent crimes in the latter part of Article 37 of the Criminal Act and the case of equality in the case of concurrent crimes, the punishment against the defendant is set at six months of imprisonment with prison labor and two years of suspended execution.

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. There are no circumstances suggesting that the court below's improper reasons for sentencing alleged by the defendant are the circumstances that the court below had already taken into account while determining the defendant's punishment, and that it is unfair to maintain the judgment of the court below as it is even in full view of the materials presented during the sentencing hearing of this court.

Therefore, the defendant's argument of sentencing is not accepted.

B. The lower court alleged unfair sentencing by Defendant B, one of the Defendant.

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