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(영문) 수원지방법원 2016.06.22 2016노47
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in four months of imprisonment) on the summary of the reasons for appeal is too unreasonable.

2. The Defendants are aware of and against crimes committed by the Defendants.

In the process of the victim's cutting off and cutting off, the defendants appeared to have committed the crime of this case, and the victim's act seems to have become an opportunity for the crime of this case.

The Defendants also did not file a complaint against the victim, even though they had suffered violence, damage to property, etc. due to the act of the victim.

In agreement with the Defendants, the injured person does not want to punish the Defendants.

Defendants have been running as merchants in front of the river basin before the river basin, and have been doing a faithful social life and contributed to the development of local communities.

Defendant

A has no record of punishment for violent crimes, in addition to a fine on two occasions due to drinking driving, and a fine on one occasion due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the crime of this case is likely to be committed jointly by the Defendants by assaulting the victims.

The degree of the injury suffered by the victim needs to be treated in 12 weeks, and the degree of the injury is not somewhat weak.

In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendants’ age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court is too excessive and it cannot be deemed unfair. Thus, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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