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(영문) 청주지방법원 2017.09.14 2017노959
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ respective sentences of the lower court (Defendant B: 6 months of imprisonment; 2 years of imprisonment; 8 months of imprisonment; 1 year and 6 months of imprisonment; and 6 months of imprisonment) are too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. Determination

A. Circumstances favorable to Defendant B are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

In the trial of the defendant, the defendant does not want to punish the above victim by mutual consent between the victim J and the original victim.

Circumstances unfavorable to the defendant are as follows:

In this case, the Defendant committed multiple crimes including the murder, assault, theft, and robbery.

The defendant did not repay or reach an agreement to the victims other than J.

Defendant has been punished by a fine for a crime related to minor violence in 2015 and 2016.

In addition, taking into account the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too heavy or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

B. Circumstances favorable to Defendant C are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

The victim AT expressed its intention not to have the criminal defendant punished.

Circumstances unfavorable to the defendant are as follows:

In this case, the Defendant committed a number of crimes including bodily injury, assault, theft, thief, assault, and electronic financial transaction law violations.

The Defendant committed the crime against the above victim by using the fact that the victims S, a middle school alumni, was able to keep the Defendant, and was in serious mind.

Although the defendant was a majority of victims due to the defendant's crime, the defendant paid damages to the victims or reached an agreement.

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