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(영문) 인천지방법원 2020.11.19 2020노2920
폭행등
Text

All of the defendants and the prosecutor's appeals against the judgment of the first instance against the judgment of the second instance.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant A (the first instance court: the fine of KRW 5 million, the second instance court; the imprisonment of KRW 1 year and 2 months) is too unreasonable.

B. The punishment sentenced by Defendant H’s second instance court to Defendant H (the imprisonment of eight months, the suspension of execution of two years, and the community service order of 120 hours) is too unreasonable.

C. The sentence imposed by the Prosecutor No. 2 on the Defendants is too unhued and unreasonable.

2. Determination

A. Although Defendant A made a judgment on the first instance court’s confession of the instant crime and divided it into several occasions, in full view of the following: (a) there was a history of criminal punishment for the same violent crime; (b) there was a history of criminal punishment for the crime of fraud; (c) no particular recovery of damage was made; and (d) other various circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the first instance court cannot be deemed to be too unreasonable.

Therefore, the Defendant’s ground of unfair sentencing on the first instance judgment is without merit.

B. As to the judgment of the second instance court, the Defendants confessioned the instant crime and repented, and Defendant H did not have any record of criminal punishment exceeding the same kind of crime or fine.

On the other hand, Defendant A has the record of criminal punishment for the same crime, and even during the repeated crime period, the crime of this case is used as other means of crime, such as Bophishing, etc., and the social harm caused thereby is serious, and the number of the means of access transferred by the Defendants is not significant.

In full view of the aforementioned circumstances and other circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the second instance judgment against the Defendants.

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