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(영문) 의정부지방법원 2020.06.18 2019노849
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant A of the lower judgment’s sentencing among the main sentences of the grounds for appeal: Imprisonment with prison labor for one year, two years of suspended sentence, Defendant B of 120 hours of community service: six months of suspended sentence, two years of suspended sentence, and 80 hours of community service;

2. The lower court, based on the following circumstances and Article 51 of the Criminal Act, determined the sentence against the Defendants. A.

Defendant

A A Person under punishment: Confession, the victim B is not subject to punishment, and there is no record of punishment exceeding a fine in the past, such as the fact that there is a punishment force for the same kind of crime in the past, the actual investigation procedure has been hindered due to the crime of aiding and abetting the offender to commit the crime, and the liability for such crime is heavy.

B. Defendant B: A person who is under way to commit an active crime, resulting in considerable hindrance to the actual investigation procedure and the liability for the crime is grave. In light of the following, the reason for the sentencing imposed by the Defendants in the trial at the trial is that the lower court had already considered the punishment and that the judgment of the lower court exceeded the reasonable scope of discretion.

In addition, there are no circumstances to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, the Defendants’ assertion of unfair sentencing is rejected.

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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