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(영문) 대전고등법원 2017.03.17 2016노448
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

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

Reasons

The summary of the grounds for appeal is that the sentence of the lower court (for Defendant A, two years of imprisonment, three years of suspended sentence, three years of community service, 40 hours of imprisonment, one year and six months of suspended sentence, three years of suspended sentence, and 40 hours of community service) is too weak (unfair sentencing). Determination of the Defendants, the Defendants, and the victims D and the victims G were in an inadequate state for their appraisal in relation to the operation of the business prior to the instant crime, and the victim G were in a position to talk about the control issues related to the operation of the business by phone call to Defendant B.

In light of the fact that retaliation crime of this case was committed after then, there are some reasons to consider the circumstances of the crime.

In addition, the Defendants instructed the Defendants to assault the Victim G, not to find the Victim G, and D instructed the Defendants to assault the Victim G.

lack of evidence to determine the person.

Although the purpose of retaliation was to commit the crime against the victim G, it is difficult to view that the crime was committed on the basis of retaliation only.

The degree of injury suffered by victims is relatively important.

Defendants are fully aware of their crimes and are in profoundly against themselves.

Defendant

A has a record of being sentenced to a fine only once for a crime of this kind, and Defendant B has no criminal record and has a criminal record of the suspension of execution on one occasion, but is not the same crime.

In addition to these circumstances, in full view of the various factors of sentencing against the Defendants expressed in the instant pleadings, the sentence against the Defendants cannot be deemed unfair because it is too uneasible as the public prosecutor asserts.

Therefore, the appeal by the prosecutor against the defendants is without merit, and all appeals by the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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