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(영문) 대전고등법원 (청주) 2013.07.04 2013노65
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against Defendant A is too unreasonable.

B. The Prosecutor (Defendant B)’s sentence (a fine of five million won) against the Defendant is too unhued and unreasonable.

2. Determination

A. As to the Defendant A’s assertion of unfair sentencing, the fact that the Defendant recognized each of the instant crimes and against himself, and that the victims do not want the punishment by mutual consent with the victims in the case of a violation of the Punishment of Violences, etc. Act. is favorable to the Defendant.

However, the defendant has the record of being punished several times for the same crime, in particular, the defendant was punished for the violation of the Punishment of Violences, etc. Act and committed each of the crimes of this case even during the repeated crime period. Furthermore, the defendant committed the violation of the Road Traffic Act of this case on June 16, 2012, the violation of the Road Traffic Act of this case, the violation of the Road Traffic Act of this case, and the violation of the Road Traffic Act of this case on June 21, 2012, and was investigated by the police on the 20th of the same month after the 5th day after the 5th day after the 26th day after the crime, the violation of the Road Traffic Act of this case, the violation of the Road Traffic Act of this case, the violation of the Road Traffic Act of this Act of this case of this case, and the violation of the Road Traffic Act of this case of this case of this case of this case of traffic accident of which the license was revoked due to the drinking operation of this case of this case, and the defendant's motive and behavior of drinking and safety of this case of this case.

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