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(영문) 수원지방법원 2014.06.05 2013노5902
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment against the Defendants (one year of imprisonment, two years of suspended execution, and 120 hours of each community service order) is too unreasonable.

2. Determination of Defendant A does not have the same type of crime as the instant crime, and Defendant B did not have the same criminal history; Defendant B agreed with the victim C; the victim J and K did not wish to punish the Defendants; and the victim C is also responsible for the occurrence and expansion of damage, etc. in favor of the Defendants, the circumstances or these circumstances appear to have been already reflected in the judgment of the court below that rendered a suspended sentence against the Defendants. In light of the following: (a) the Defendants jointly with the victim C at the alcohol house with the victim C and the Si guard, and inflicted an injury on the other victims who told the fighting; (b) the nature of the instant crime is not good; and (c) the court of the court of the court below denied part of the instant crime; and (d) the sentencing conditions indicated in the records, such as the age, character and conduct of the Defendants, family relationship, occupation, etc., are considered to be too unfair.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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