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(영문) 춘천지방법원 강릉지원 2017.02.09 2016노492
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. There is considerable degree of participation of the Defendant in the instant joint crime, the degree of injury suffered by the victim G or U is not less than that of the victim G or U, and the crime of injury committed again while being investigated as a joint crime of this case, etc. is disadvantageous to the Defendant.

However, the court below's sentence, even in consideration of the above unfavorable circumstances, is unfair because the defendant's name, sex, environment, motive, means and consequence of the crime, and other various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., are considered as follows: (a) the court below made an agreement with the victim G and deposited KRW 5 million for the victim U; (b) the victim H expressed his intent not to be punished; (c) the victim H expressed his intention in the trial; (d) the defendant has no previous conviction in excess of the same criminal record or fine; and (e) the defendant has committed other various circumstances, such as the defendant's age, sexual behavior, environment, motive

Defendant’s assertion is with merit.

3. The part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is ruled as follows after pleading.

[Judgment used again for the defendant] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 284 of the Criminal Act, Articles 283(1) of the Criminal Act, Article 283(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act (a) of the Criminal Act, Article 260 of the Criminal Act, Article 257(1) of the Criminal Act (a) of the Criminal Act, each of the following subparagraphs.

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