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(영문) 광주지방법원 2015.09.08 2015노1748
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant B: imprisonment with prison labor for four months, and the defendant C: imprisonment with prison labor for one year and two months) is too unreasonable.

2. Determination

A. Defendant B committed the instant crime during the period of repeated crime due to the completion of the execution of the sentence, such as robbery, injury, etc., and assault and injury jointly with the victims A and F, and committed an injury to them, and at the time of taking advantage of the body of head due to the breathing of clothes, etc., the elements of disadvantageous sentencing, such as the Defendant’s agreement with the victims, and the favorable sentencing factors, such as the fact that the crime is against the victims, and the fact that the crime is against the victims, and other favorable sentencing factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the scope of the recommended sentencing guidelines (two months to August 20), it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable.

B. In full view of the following circumstances: (a) the sum of the insurance proceeds acquired by Defendant C is up to KRW 70 million; (b) the planned recruitment of persons was committed; (c) the number of times of the crime was intentionally paid with traffic accidents and the insurance proceeds; (d) the elements of disadvantageous sentencing, such as the fact that the damage recovery was not performed; (b) the elements of the crime are against the Defendant; (c) the factors of favorable sentencing, such as the fact that the Defendant is supporting the young children; (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other various circumstances that form the conditions of sentencing as specified in the instant records and arguments, including the circumstances after the crime, and the scope of recommended sentences of sentencing guidelines (one to half year), it is not unreasonable for the lower court’s sentence against the Defendant to be too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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