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(영문) 대구지방법원 2017.12.22 2017노4445
특수상해등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (one year and four months of imprisonment, confiscation, and one year of imprisonment) is too unreasonable.

2. The case where the defendants urged the victim to repay his/her debt together with E and the victim's air-conditioning is very heavy in terms of the nature of crime.

Defendant

A is not easy to take part in the crime by providing a place for the crime and preparing a view in advance, and the circumstances after the crime are also good, such as attempting to make a false statement about the violence of A to Defendant B.

B. In addition, Defendant A committed the instant crime without being aware of even though he was under the period of suspension of execution.

Defendant

B In addition to E, the degree of participation in the crime is significant, such as directly viewing the victim, who is organized, as a part of E, and the degree of injury of the victim also is not easy.

This is disadvantageous to the Defendants.

However, in full view of the favorable circumstances such as the confession of the crime and the abuse of violence against the victim, the defendant A did not exercise direct violence against the victim, the victim did not want the punishment of the victim by mutual consent with the victim, and the family members who should support the defendants, and other favorable circumstances such as the defendants' age and occupation, sex and environment, family relation, relationship with the victim, motive, circumstance, means and consequence of the crime, etc., and the sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the punishment imposed by the court below against the defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Judgment of the court below] The facts constituting an offense and summary of evidence recognized by this court and the summary of evidence are stated in the judgment below.

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