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(영문) 광주고등법원 (전주) 2014.03.18 2013노287
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

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

2. Of the facts charged against the Defendant, the lower court dismissed each of the charges of assaulting and defamation against the victim T (the “victim AO,” which was dismissed on the ground of the lower judgment’s dismissal of the prosecution, appears to be a clerical error in the victim T”) on the ground that the victim did not be punished by the Defendant, and dismissed the public prosecution in the part of the reasoning, and convicted the Defendant of the crime of interference with business against the victim T in the ordinary competition relation.

However, among the judgment of the court below, the dismissal of prosecution against the victim T was decided separately by failing to appeal all the defendant and the prosecutor, and the dismissal of prosecution as to defamation was judged to be transferred to this court by the principle of no appeal due to the principle of no appeal, but the part of the dismissal of prosecution as to defamation was brought to the court. However, it was already relieved from the object of attack and defense between the parties

Therefore, the decision of the court below should not be judged again on this part, with the conclusion of dismissing the public prosecution.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

3. We also examine the allegation of unfair sentencing by the Defendant and the prosecutor.

The circumstances that the defendant led to the confession of all of the crimes of this case in this court, and that the victim C, K, and T does not want the punishment against the defendant, as well as the fact that the victim C, K, and T do not want the punishment against the defendant, are the circumstances favorable to the defendant.

On the other hand, the defendant has been punished several times for the same crime, such as the crime of injury, the crime of interference with business, the crime of assault, and the crime of the Punishment of Violences, etc. Act.

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