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(영문) 의정부지방법원 2017.03.31 2017노314
폭력행위등처벌에관한법률위반(공동상해)등
Text

Of the judgment of the court of first instance, the part on Defendant A, C, and D and the part on Defendant D among the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. The Defendant A (unfair sentencing)’s punishment (one year and six months of imprisonment) by the lower court is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment (one hundred months of imprisonment) is too unreasonable.

(c)

Defendant

C1) On March 12, 2015, as indicated in No. 2 No. 2 of the List of Offenses No. 1 attached to the Judgment of the original Judgment, traffic accidents by the victim on March 12, 2015, are not caused by the intention of AR driving an accident vehicle, but by the other driver's drinking. As such, the Defendant, etc. deceiving the victim, etc. into the Commercial Reinsurance Co., Ltd. (hereinafter "Co., Ltd." in the name of the company)

shall not be deemed to exist.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

(d)

Defendant

D (unfair sentencing) The sentence of the lower court (the imprisonment of 10 months and 6 months of the lower court’s imprisonment of 2) is too unreasonable.

E. Defendant E (unfair sentencing)’s punishment of the lower court (6 months of imprisonment) is too unreasonable.

2. Determination ex officio (limited to Defendant A, C, and D)

A. Before determining the grounds for appeal filed by the Defendants A, C, and D of the latter part of Article 37 of the Criminal Act, the record reveals that the Defendant A and C of the judgment was sentenced to a suspended sentence of two years in August 21, 2014 and the judgment became final and conclusive on November 25, 2014 due to a crime of violation of the Punishment of Violences, etc. Act (joint conflict) in the Jung-gu District Court Goyang Branch on November 13, 2014. The Defendant D of the judgment was sentenced to six months in imprisonment with labor at the District Court on November 17, 2015 and became final and conclusive on November 25, 2015.

According to the above, the crime of fraud against Defendant A was committed on August 14, 2014 in the first instance judgment of 2016 Ma3222, the second instance judgment of Defendant C, and the crime of fraud against Defendant C on August 23, 2014 in the second instance judgment of 2016 Ma3222, which became final and conclusive on November 21, 2014 and the crime of violation of the Punishment of Violences, etc. Act (joint conflict) and the latter part of Article 37 of the Criminal Act, and each of the remaining crimes in the first instance judgment of the court of first instance are concurrent crimes.

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