(영문) 부산지방법원 2014.06.12 2014노951 | 리걸엔진

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(영문) 부산지방법원 2014.06.12 2014노951

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. The court below sentenced Defendant A to 10 months of imprisonment with prison labor for Defendant A. The prosecutor asserts that the sentence of the court below is too uneasible and unfair, and Defendant A asserts that the sentence of the court below is too unreasonable.

B. The Prosecutor’s appeal against Defendant B by the lower court against Defendant B is deemed to be too unhued and unreasonable.

2. Determination

A. In light of the following, the Defendant’s judgment on the assertion of unfair sentencing by both parties to Defendant A on the assertion of unfair sentencing against Defendant A is inevitable to sentence the above Defendant, considering the following: (a) the Defendant committed the instant crime without among persons even though he/she had been punished for the same kind of crime; (b) the Defendant’s escape after the instant crime was committed; and (c) the degree of injury to the victims is not easy.

However, in full view of the facts that the crime of this case committed by the Defendants and the victims committed contingent acts in the course of covering them between the Defendants and the victims, that Defendant A agreed with the victim G, that the victim's injury appears to have been caused by assault by the ordinary Defendant C using dangerous objects, that Defendant A supported her disease, support her mother and her mother, and live in good faith, and other conditions of sentencing such as the above Defendant's age, environment, character and conduct, the sentence of the lower court that sentenced Defendant A for 10 months is too unreasonable.

B. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing by the prosecutor on Defendant B had the history of punishment for the same kind of violent crime, and committed the instant crime without weighting even though he was in the period of repeated crime, such as larceny, and the degree of injury to the victims, etc., it is necessary to give strict warning to the said Defendant.

However, the crime of this case is committed against the Defendants.

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