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(영문) 청주지방법원 2017.11.02 2017노992
특수상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: Each sentence of the lower court (one year and six months of imprisonment, and ten months of imprisonment) is too unreasonable (Defendant B explicitly withdrawn the assertion of mistake of facts and misapprehension of legal principles on the first trial date). 2. Circumstances favorable to the Defendants are as follows.

Defendants confession each of the crimes of this case, and are divided.

In the investigation process, the Defendants agreed with the victim D and AA (name before the opening of the names: E), Defendant B agreed again with the above AA in the trial, and the said victims did not want to be punished by the Defendants.

Defendant

A deposited KRW 6.5 million for victims of traffic accidents and KRW 1.00,000 for victims of traffic accidents, respectively.

Defendant

A has no record of criminal punishment, and Defendant B has no record of being sentenced to criminal punishment exceeding the same kind of crime or fine.

The circumstances unfavorable to the Defendants are as follows.

The Defendants jointly assaulted the victim D at several times, and conspiredd with the victim A at several times due to a gate room, brush, etc., which is a dangerous object, and inflicted an injury upon the victim requiring medical treatment for about 14 days. Furthermore, the Defendant damaged the victim A’s goods due to a gate room, which is a dangerous object.

The above crime by the Defendants seems to have been seriously affected by the victims.

Defendant

A caused a traffic accident in violation of alcohol signals with a degree of 0.15% during blood and caused a traffic accident to the victims and damaged the damaged vehicle.

Defendant

A did not reach an agreement with the victims of the above traffic accident.

In addition, considering the Defendants’ age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, it cannot be said that the lower court’s punishment is too unreasonable.

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