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(영문) 서울북부지방법원 2017.07.14 2017노250
상해
Text

All appeals by the Defendants are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (Defendant A’s fine of KRW 8 million, Defendant B’s fine of KRW 4 million) is too unreasonable.

2. The crime of this case committed the crime of this case on the ground that the Defendants, while drinking alcohol together, called Defendant B to another person by phone and expressed desire to Defendant A. Accordingly, Defendant B suffered bodily injury, such as non-alley spelke, etc., and Defendant A suffered bodily injury, such as the number of days of treatment, and the number of days of treatment, and the degree of assault and injury.

Defendant

A has 32 times as violent crimes, and Defendant B has 31 times as well as 4 times of imprisonment for violent crimes.

Defendant

A has committed the crime of this case during the period of repeated crime.

In full view of the above circumstances and other circumstances, even if the Defendants recognized the instant crime and agreed on, the Defendants’ age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the instant crime, etc., the sentence imposed by the lower court cannot be deemed to be unduly unreasonable.

3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that all of the appeals by the Defendants are without merit. The application for remedy order by the applicant for compensation is dismissed in accordance with Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the scope of liability for compensation is not clear.

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