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(영문) 서울동부지방법원 2017.08.10 2017노76
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The guilty portion shall be reversed.

Defendant

A Imprisonment for two years, Defendant I, J and L respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendants A, as indicated in the facts charged, did not instruct the victims of the assault, etc. against W and X as in the order of 2015 Godan 2181, and Defendant A did not have ordered the victims of the assault, etc. of W and X, as in the facts charged in the order of 2015 Godan 3185.

Defendant

I, L, and J do not cause the victims to be pushed up or drinking, such as the charge No. 2 of the 2016 Godan 963.

2) The punishment sentenced by the lower court (Defendant A: 2 years and 6 months of imprisonment, 3 years of suspended sentence and 2 million won of fine, and 120 hours of community service order, 6 months of imprisonment of each of the other Defendants, and 2 years of suspended sentence) is too unreasonable.

B. According to the evidence submitted by the Prosecutor (Defendant A), among the facts charged by the Prosecutor 2015 Highest 2181, the Defendant’s injury to the victim ED can be acknowledged, and the Defendants’ joint assault against the victim CX, CY, and CZ can be found guilty as follows, as the facts modified by the Highest 2016 Highest 963 Highest 2016 Highest 963 Highest 201.

2) The sentence imposed by the lower court against Defendant A, which was unfair in sentencing, is too unhued and unreasonable.

2. The prosecutor ex officio conducted 21 to 23 of the facts charged at the trial of the case, 2016 Godan 963, Section 2, Section 2, Section 2 of the facts charged, “Defendant J is combined with this, and the body of the victim CTS is pushed the victim CY's body by hand, leading the victim CY's body in hand, leading the victim CY's body into the victim's body, cutting it over the victim's CX's body. The above BC was sealed by arms, and the above BD was pushed the victim's body with the victim's body, and the above BJ and BO moved the victim's arms and legs to the victim's body, together with BW, with the victim's body, and the victim's body and BY's body were applied to the above victim's body, and the victim's body and BY, with the victim's body's body, and the victim's body and BYY's body were applied to the victim's body.

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