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(영문) 대구지방법원 2013.09.26 2013노1554
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the Defendants’ nature of the grounds for appeal is not good, the sentence (Defendant A: a fine of KRW 15 million; Defendant B: a fine of KRW 15 million); and a fine of KRW 15 million, a year and six months) imposed by the lower court is too unfasible and unreasonable.

2. Determination

A. The fact that Defendant A has a large number of victims and is not good to commit a crime, and that the Defendant has been punished for the same kind of crime, and in particular, commits the instant crime without being able to do so during the period of repeated crime, is disadvantageous.

However, there are more favorable circumstances such as the degree of the defendant's crime and the degree of injury of the victims caused by the defendant's violence, the fact that the victims agreed smoothly with the victims, and the fact that the defendant's mistake is divided and seriously contradictory.

In this context, considering various circumstances shown in the Defendant’s character, character, environment, etc. and arguments, the lower court’s punishment imposed on the Defendant cannot be deemed as unreasonable because it is too uneasible. Therefore, the Prosecutor’s assertion of unreasonable sentencing is without

B. Defendant B’s number of victims is high, the method of the commission of crime is not good, and in particular, the result of the victim H and I’s injury that is not somewhat unfavorable to the victim H and I is bad, the agreement with the victim was not reached, and the Defendant has a number of criminal penalties.

On the other hand, there are more favorable circumstances such as the fact that the defendant's mistake is divided and seriously against the defendant, the victims except the victim R do not want the punishment of the defendant, each of the thieves is relatively minor, each of the thieves is to be considered together with the night building intrusion larceny in the judgment that became final and conclusive, and that equity with the case that the defendant is tried together with the night building intrusion larceny

In this context, considering various circumstances shown in the records and arguments, the sentence imposed by the court below on the above defendant is too excessive.

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