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(영문) 수원지방법원 2016.11.16 2016노5431
상해
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, Defendant B's imprisonment for four months, and Defendant C for two months.

Reasons

1. The summary of the grounds for appeal (for defendant A: 10 months of imprisonment; for defendant B: 6 months of imprisonment; for defendant C, 4 months of imprisonment) is too unreasonable.

2. Determination

A. Each of the instant crimes committed by Defendant A on the part of the allegation of unfair sentencing regarding the assertion of unfair sentencing by Defendant A refers to the injury of Defendant A, which is a constituent element of the violent organization, to the victim I, who is the constituent element of the hydrologic wave, and the injury was inflicted on the victim K, who is not a constituent element of the violent organization, and the nature of the crime is not good.

However, Defendant A recognized each of the crimes of this case and reflected, and the degree of injury of the victims is not severe, but the victims do not want punishment against Defendant A.

Defendant

A has no particular criminal record except for two previous fines.

In addition, considering the following circumstances, Defendant A’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime was committed, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant A's above assertion is justified.

B. Defendant B’s assertion of unfair sentencing on the part of Defendant B is an organization of violence organizations and has been subject to punishment for the same kind of crime. In particular, the circumstances of committing the instant crime during the suspension period of execution due to the same kind of crime are as follows.

However, Defendant B recognized the instant crime and opposed to the instant crime, and the instant crime was committed by Defendant B, which was based on the her her her her her her her son’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her

In addition, the punishment shown in the records and arguments of this case, such as the age, character and conduct, the environment, the motive, means and result of the crime, and the circumstances after the crime.

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