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(영문) 수원지방법원 2020.01.06 2019노5006
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the Defendants’ confession and rebuttal, the Defendants were led to the instant crime, the background leading up to the Defendants’ agreement with the victims, and the Defendants’ family environment, etc., the lower court’s punishment against the Defendants (each fine of eight million won) is too unreasonable.

B. In light of the fact that the Defendants committed the instant crime during the period of repeated crime, and that there is a need to strictly punish the Defendants as serious crimes undermining the legal stability of individuals who will not be subject to investigation and undermine the proper trial function of the State’s penal authority, the lower court’s punishment against the Defendants is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

3. In conclusion, all appeals filed by the Defendants and the Prosecutor are without merit, and all appeals are dismissed. It is so decided as per Disposition.

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