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(영문) 인천지방법원 2016.04.29 2016노590
특수폭행등
Text

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s respective sentences against the Defendants (unfair sentencing) (defendant A: imprisonment of 8 months and imprisonment of 1 year) are too unreasonable.

B. The lower court’s each sentence against the Defendants is too uneasible and unfair.

2. The judgment is recognized that the defendants recognized the facts constituting the crime of this case and are in a depth against the defendants, the victims do not want the punishment against the defendants, and the victims submitted the agreement at the time of the trial, the defendants have no specific criminal history other than the punishment once or twice as fines, and the defendants are living as sound social members in the future. On the other hand, considering the background of the crime of this case, the method of the crime, the degree of damage, etc., the fact that the defendants were in a position of influence to a certain degree within the "Sepo-epo-epo-epo-epo-epo-epo-epo-epo-epo-m" as a violence organization, the fact that the defendants were in a position of influence to a certain extent, the balance of punishment against the accomplices should be taken into account, and there are other various circumstances indicated in the records, such as the defendants' age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, the defendants and the prosecutor's assertion of unfair sentencing against the defendants are without merit.

3. In conclusion, since each appeal against the Defendants and the Defendants by the Defendants is without merit, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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