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(영문) 대전지방법원 2015.04.23 2015노393
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

All parts of the compensation order, except the compensation order, shall be reversed.

Defendant

A and C Imprisonment with labor for a year and six months;

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) by Defendant C (unfair imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (unfair sentencing with respect to Defendant A and B) of the lower court (an unreasonable sentencing sentence with respect to Defendant A and B) (an imprisonment with prison labor for a year and two months, a suspended sentence of two years, and a suspended sentence of ten months, and two years, a suspended sentence of ten years) is too un

2. Determination

A. The Defendant C committed each of the instant crimes during the suspended execution period for the same kind of crime, etc., and the victims of the fraud did not recover from damage, etc. are disadvantageous to Defendant C.

However, in full view of the following: (a) Defendant C’s mistake is against the victim’s misunderstanding; (b) Defendant C agreed with the victim F after the lower judgment was rendered; (c) the mother of the victim F wanted to take the Defendant’s preference against the Defendant C; (d) the victim F was committed through the forgery of private documents; (c) the use of an investigation document and the use of an official document; (d) the crime of fraud against the victim Y was committed through the commission of an attempted crime; (e) the mother’s health is not good; and (e) the mother appears to have to support the Defendant C’s family, such as who has a disability, etc., the sentence of the lower judgment against the Defendant C is somewhat unreasonable.

B. It is reasonable to take into account the following circumstances: (a) Defendant A and B’s determination of the public prosecutor’s assertion of unfair sentencing on the Defendant A and B reflects the prosecutor’s fault; (b) there is no record of criminal punishment; and (c) Defendant A and B have agreed with the victim AL, AK, N, N, F, and F, that the said victims did not want to be punished against Defendant A and B; and (d) Defendant A’s thief crime is relatively small amount of damage.

However, Defendant A and B assaulted victims on the grounds of minor negligence, and committed violence, and even during the trial, they again committed violence, and thus, they seem to have a dynamic tendency to commit violence against Defendant A and B. Defendant A is the victim L.

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