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(영문) 대전지방법원 2015.09.03 2015노1939
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., e., imprisonment) of the original judgment (e., 6 months), is too unreasonable.

2. Determination

A. In light of the fact that Defendant A’s judgment on Defendant A is deeply divided and reflected in his mistake, the degree of injury suffered by the victims seems to be relatively minor, and that Defendant B, an accomplice, appears to have been able to recover part of the injury by mutual consent with the victims, etc., it is reasonable to take into account.

However, Defendant A committed the instant joint injury without being aware of it during the period of repeated crime, and the fact that Defendant A was punished several times for the same kind of crime is disadvantageous. In addition, taking into account all the sentencing conditions, including Defendant A’s age, character and conduct, environment, circumstances before and after the instant crime, and violent crime group according to the sentencing guidelines set by the Supreme Court sentencing guidelines for the instant crime, including the scope of recommended sentence, general injury category 1 (general injury), special form of punishment (minor injury), special form of punishment (minor injury), decision mitigation area of the recommended area, and the scope of recommended sentence (2-1 year), it is not recognized that the sentence of the lower court is too unreasonable.

B. The fact that Defendant B was punished for the same kind of crime, and that Defendant B was sentenced to the suspended sentence of imprisonment for a crime of different types, and that the suspended sentence of imprisonment for a crime of different types has not been much much enough to commit each of the crimes of this case, etc. is disadvantageous.

However, there are extenuating circumstances, such as that Defendant B’s mistake is divided in depth and reflected, the degree of injury suffered by the victims seems to be relatively minor, and the victims do not want punishment against Defendant B, and there is no record of criminal punishment exceeding a suspended sentence. Accordingly, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee for the instant crime is more than one month.

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