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(영문) 대구지방법원 2017.05.26 2017노1207
특수상해등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A, C: Imprisonment with prison labor for one year and two months, three years of suspended execution, observation of protection, community service order 200 hours, Defendant B: imprisonment with prison labor for one year and two months) that the lower court sentenced the Defendants are unreasonable.

B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.

2. As to the defendants and the prosecutor's unfair argument of sentencing, each of the following facts are examined: the defendants were found to have committed the crime in this case; the defendants agreed with the victim and committed violence; the defendants were to have reached an agreement with the victim; the defendant A had no criminal record; and the defendant C had no criminal record exceeding a fine; and the crime in this case was committed against the victim who was first committed violence organization, with multiple force, causing injury requiring medical treatment for 6 weeks; and the victim was detained as a parking lot; in light of the law of the crime, the degree of injury, and the relationship with the victim, etc., the nature of the crime in this case is not very good; the defendant B, who had the record of criminal punishment several times, including the criminal record of a crime related to violence, committed the crime in this case during the suspension period of execution due to the violation of the Military Service Act; there is no special reason to change the sentence after the sentence of the court below was sentenced, and there is no special circumstance that the court below's argument that the defendant's punishment in this case was too unfavorable to the defendant's age and circumstances, etc.

3. In conclusion, the appeal by both the Defendants and the public prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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