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(영문) 대구지방법원 2014.07.24 2014노1363
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. A person shall be punished by imprisonment for not less than six months.

Defendant

A, B-.

Reasons

1. In light of the fact that the summary of the grounds for appeal is against the Defendants, the sentence imposed by the lower court on the Defendants (two years and six months of imprisonment, two years of suspended execution of eight months of imprisonment, two years of probation, probation, and Defendant D: imprisonment of ten months) is too unreasonable.

2. Determination

A. The facts that Defendant A recognized all of the instant crimes and reflects on the fact that the victims and agreed with the victims are favorable to the Defendant, or that there are a number of criminal records in favor of the Defendant, and that there are many criminal records and criminal records resulting therefrom, and the Defendant committed the instant crimes at the same time without being aware of the fact that he/she committed the instant crimes even though he/she was committed a repeated crime due to the same criminal records. Considering the motive, method, frequency of the instant crimes, and degree of injury inflicted on the victims, etc., the crime is not good.

In full view of the above circumstances, other circumstances revealed in the records and pleadings, such as the character, conduct, environment, etc. of the defendant, the court below seems to have sentenced the punishment by taking into account most favorable circumstances for the defendant.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

B. The facts that Defendant B recognized all of the instant crimes and reflected, and that the victim I agreed with the victim are favorable to the Defendant, or that there is a number of criminal records identical to the Defendant, and that there is no good quality in view of the motive of the crime and the method of the crime, etc., are unfavorable to the Defendant.

In full view of the above circumstances and other circumstances revealed in the records and arguments, the lower court seems to have sentenced the Defendant to a suspended sentence of imprisonment, taking into account most favorable circumstances for the Defendant.

Therefore, it can be said that the sentence imposed by the court below is too unreasonable.

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