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(영문) 서울남부지방법원 2016.11.17 2016노1609
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A thoroughly reflects the crime and is willing to live as a compliance citizen when he returns to society.

Defendant

A has a mind to send the victim with an mind of committing a crime, and is going to drink again, and does not cause such a case.

Considering these circumstances, Defendant A will be punished for a serious punishment.

B. Defendant B and Defendant A had a number of problems from this to this point of view, since they had been aware of in the Eastern War.

On the day of the case, the defendant A continued to build the core of the defendant B and assessed the face of the defendant B, and the defendant B took an action of defense against the defendant B, and caused the defendant A to suffer the injury of this case.

Defendant

B acknowledges the crimes in whole and subsequently acknowledges the crimes.

Defendant

B I would like to agree, but I would like to consider the fact that the defendant A was detained separately and could not attempt to reach an agreement.

Defendant

B If the period of detention is long due to the support of family members, it may lead to a bad situation.

To the maximum extent possible, Defendant B calls for the wife.

2. Examining the Defendants’ age, character and behavior, career, family relationship, environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records of this case, as well as the reasons for sentencing of the lower judgment in light of various circumstances asserted by the Defendants as the grounds for appeal, the lower court’s punishment is too unreasonable, even if it is considered that the Defendants’ grounds for appeal are too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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