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(영문) 수원지방법원 2018.04.19 2017노15
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The judgment on Defendant A’s appeal filed a lawful appeal against the judgment below on December 20, 2016. However, the fact that the above Defendant was served with a notice of receipt of the record of trial by this court on January 24, 2017 and did not submit a written reason for appeal within 20 days from the receipt of the notice of receipt of the record of trial by this court on January 24, 2017 is obvious in the record, and the petition of appeal submitted by the above Defendant does not contain any reasons for appeal, and the record does not contain any reasons for ex

2. Judgment on Defendant B’s appeal

A. The summary of the grounds for appeal is that the lower court’s punishment (7 million won) against Defendant B is too unreasonable.

B. The fact that the above defendant agreed with the victims is favorable to the above defendant, but the crime of this case was committed by the above defendant after he was investigated by an investigative agency due to the violence against the victims, and thus, the nature of the crime is serious. The degree of injury inflicted upon the victim K along with the defendant A is not easy, and the above defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc. are considered as a whole, and all of the sentencing conditions in the argument of this case such as the above defendant's age, sexual behavior, environment, circumstances after the crime, etc., it is not recognized that the punishment of the court below against the defendant B is too unreasonable.

3. The appeal by Defendant B is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by Defendant B is without merit. Defendant A’s appeal shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act on the grounds that the appeal by Defendant B is dismissed. However, as long as the appeal by Defendant B is decided as above, the appeal by a judgment is dismissed as a lump sum.

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