(영문) 수원지방법원 2018.10.15 2018노3503 | 리걸엔진

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(영문) 수원지방법원 2018.10.15 2018노3503

폭력행위등처벌에관한법률위반(공동상해)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for Defendants, six months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. The Defendants shown an attitude against each of their respective mistakes, and the crime of this case was induced by the victim, and the Defendants deposited a total of KRW 9 million for the victim, etc. are favorable circumstances for each of the Defendants.

However, in the meantime, the instant crime was committed between the Defendants and the victims, and the Defendants jointly committed an injury requiring approximately six weeks of medical treatment against the victim when the Defendants jointly committed the instant crime. In light of the content of such crime, the Defendants’ assault and the degree of injury to the victim, etc., the Defendants’ liability for the crime did not overlap with the victim, but did not agree with the victim.

Defendant

In the case of A, there are two criminal records of the same violence, and in the case of Defendant B, the crime of this case constitutes a crime during the period of suspension of execution of imprisonment without prison labor, which is more likely to be subject to criticism, and in the case of Defendant C, one criminal record of fines.

There is no change in circumstances in which each of the punishments of the court below may be mitigated in the court of the first instance.

Considering the above favorable or unfavorable circumstances to the Defendants, and the age, sex, environment, and all other conditions of sentencing as indicated in the instant pleadings, the lower court does not seem to be unfair because each sentence imposed by the Defendants is too unreasonable.

Therefore, each of the above arguments by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

유사 판례

-수원지방법원 2014.06.05 2013노5902

-수원지방법원 2018.08.27 2017노7110

-대구지방법원 2019.05.17 2018노4628

-대구지방법원 2017.05.24 2016노3777

-창원지방법원 2020.04.24 2019노2306