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(영문) 춘천지방법원 강릉지원 2014.10.21 2014노372
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

All appeals filed by B, C, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (ten months of imprisonment for each of the defendants, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) is too unfluent and unfair.

B. The lower court’s sentence against Defendant B, C, and C is too unreasonable.

2. The circumstances favorable to the Defendants are as follows: (a) the Defendants led to the confession and reflect of the crime; (b) Defendant B and C was the first offender; and (c) the Defendants deposited KRW 5 million for the victims.

On the other hand, the defendants committed the crime of this case again even though they had been punished for the same kind of crime, and the defendant A committed the crime of this case again even though they had been punished for the same kind of crime, etc.

In full view of the aforementioned various circumstances as well as the Defendants’ age, character and conduct, motive for the instant crime, means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s punishment seems to be somewhat simple, but it cannot be deemed that it is too heavy or unreasonable to the extent of reversal.

3. In conclusion, the appeal by the defendant B, C, and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant B, C and the prosecutor is without merit

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