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(영문) 광주지방법원 2018.09.19 2018노2333
특수상해
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: Imprisonment with prison labor for three months, and Defendant B: imprisonment with prison labor for six months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the judgment, the Defendants had been subject to criminal punishment several times for the same kind of crime, and Defendant B committed the instant crime despite the period of suspension of execution for the same crime. The instant crime was committed by the Defendants, a organized violent crime, and was committed with injury upon the victims who want to withdraw from the organization, and the nature of the crime was bad.

However, it is advantageous to the fact that the defendants recognized the crime of this case and agreed with the victims, and that the defendant A should consider the case of judgment and equality with the crime of the record of crime as stated in the judgment of the court below which became final and conclusive.

In addition, there is no particular change in the sentencing conditions compared to the court below, and considering all the sentencing conditions in the records and arguments of this case including sentencing in a separate case against accomplices, the court below's punishment is too heavy or it cannot be deemed unfair because it is too heavy. Thus, the above arguments by the defendants and the prosecutor are without merit.

3. As such, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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