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(영문) 서울중앙지방법원 2017.03.24 2016노4765
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The part concerning Defendant A and F shall be reversed.

Defendant

A shall be punished by imprisonment of one year and two months, and F shall be punished by imprisonment of eight months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to the punishment (for defendant A: one year and six months of imprisonment, defendant B, and C: 2 years of suspended execution, defendant D, and F: one year of imprisonment in each of October) is too unreasonable.

2. Determination

A. Defendant A used violence by means of cutting off or getting off the victim T head, etc., as many people look at during the part of the attending work hours.

Defendant

A's method of crime is harsh and dangerous, and the injury suffered by the victim is not easy.

In the process of carrying a knife with Defendant D, the knife, which is a deadly weapon, was threatened.

Defendant

A has a record of being sentenced to a fine for the same crime.

Such circumstances are disadvantageous to Defendant A.

However, Defendant A led to the confession of all the crimes of this case and reflects his mistake.

Defendant

A agreed with the victim T, and the defendant D expressed his intention to agree with each other.

Defendant

A is also a victim of serious assault by Defendant D, etc.

In full view of these circumstances, comprehensively taking into account the following circumstances: Defendant A’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and all the sentencing conditions indicated in the instant records and arguments after the commission of the crime, the sentence imposed by the lower court to Defendant A is unreasonable.

B. Defendants B, C, and C make confessions of all the instant crimes and reflects their mistakes, and the fact that the said Defendants agreed with the victim T is favorable to the said Defendants.

However, the above Defendants jointly with Defendant A used violence against the victim T and U, and the motive and content of the crime are harsh and dangerous.

The degree of injury suffered by the victim T is not minor.

Defendant

C has been punished for the same crime.

In these circumstances, there are no special circumstances or changes in circumstances that can be newly considered in sentencing at the appellate court.

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