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(영문) 광주지방법원 2017.09.13 2017노518
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A: 8 months of imprisonment, 2 years of suspended sentence, 2 years of probation, observation of protection, 120 hours of social service, 1 year of suspended execution, 2 years of probation, observation of protection, 120 hours of social service, 40 hours of compulsory driving, 40 hours of compulsory driving) is too unreasonable.

2. Determination

A. In full view of the determination of Defendant A’s unfair argument of sentencing, the crime of this case is committed jointly with another person without any particular reason, and the nature of the crime is not good. Defendant A had the record of having been punished for the same kind of crime, and there is no change in the sentencing conditions compared with the original judgment. In full view of the various sentencing conditions indicated in the records and arguments of this case, the lower court’s punishment against Defendant A cannot be deemed unfair. Thus, the above assertion by Defendant A is without merit.

B. In full view of the determination of Defendant C’s unfair assertion of sentencing, the crime of intimidation in this case was committed by carrying dangerous articles and threatening others, and the nature of the crime is not good. Defendant C had the record of having been punished for the same kind of crime, and there is no change in sentencing conditions compared with the lower court’s judgment, and in full view of various sentencing conditions indicated in the records and arguments, the lower court’s punishment against Defendant C is unreasonable. Thus, the above assertion by Defendant C is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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