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(영문) 대구지방법원 2018.08.24 2018노2302
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: imprisonment with prison labor for one year, Defendant B: imprisonment with prison labor for 10 months) declared by the lower court to the Defendants is too unhued and unreasonable.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. In addition to the judgment prosecutor and the defendants' respective arguments of unfair sentencing, the crime of joint bodily injury in this case committed a serious injury that needs to be treated for about nine weeks by kneeing the victim's eye, etc. without any particular reason. The crime of fraud in this case committed several times without any measure, and the nature of the crime is very bad, and Defendant A committed each of the crimes in this case even during the period of repeated crime of the same kind, while Defendant A committed each of the crimes in this case, and the victims did not recover from damage at all.

However, in full view of the following facts: (a) the Defendants recognized all of the instant offenses; (b) Defendant B received juvenile protective disposition several times, but there was no record of the offense; and (c) the Defendants’ age, sex, conduct, environment, family relationship, motive, circumstance, means, consequence, etc. of the offense; and (d) all the conditions of sentencing specified in the instant records and arguments, including the circumstances after the commission of the offense, etc., the sentence imposed by the lower court to the Defendants exceeded the reasonable bounds of the lower court’s discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because the defendants' assertion is too unreasonable. Thus, the prosecutor and the defendants' above assertion are without merit.

3. In conclusion, the appeal filed by both the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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