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(영문) 서울남부지방법원 2013.08.29 2012노652
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

The gist of the reasons for appeal by the prosecutor is that each sentence (three years of suspended execution in the two-year imprisonment, two years of community service order 240 hours, and fine two million won in the case of Defendant A) which the court below sentenced the Defendants is too unhued and unreasonable.

Therefore, in light of the following: (a) the Defendants committed the instant crime, and the Defendants suffered serious bodily or mental distress, etc., resulting in the Defendant’s serious injury, such as her dubal trauma, which requires medical treatment for about eight (8) weeks; (b) the victim appears to have suffered considerable economic or mental distress; (c) the victim failed to recover from damage; and (d) the Defendants did not reach an agreement with the victim; and (c) the Defendants committed the instant crime without being aware of the fact that the Defendants committed the instant crime without being aware of the fact that the Defendants received juvenile protective disposition several times due to the same type of crime despite the fact that the Defendants

However, all of the Defendants divided their mistakes into depth, and again refrain from committing such a crime; Defendant B, who used violence that seems to be the direct cause of the victim, deposited a total of 8 million won for the victim; due to the crime of this case, the Defendants received a claim for reimbursement of 5 million won from the National Health Insurance Corporation; Defendant B appeared to have been divorced by her parents; Defendant B appeared to have grow up by her parents; Defendant A was currently in need of support by her parents; Defendant A was preparing a public notice of examination to grow back with the full educational background; Defendant A was also in preparation for a public notice of examination; Defendant A is also going to lead Defendant A to live in good faith; Defendant A’s family is also in the process of forming values for the victim’s age; and giving the Defendants an opportunity to live a correct life once.

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