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(영문) 창원지방법원 2018.11.08 2018노1781
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants by the prosecutor (10 months of imprisonment, 2 years of probation, 2 years of probation, surveillance of protection, 160 hours of community service order, 1 year and 4 months of imprisonment, 2 years of probation, 2 years of probation, observation of protection, 160 hours of community service order, 160 hours of imprisonment, 8 months of probation, 2 years of probation, 2 years of probation, 160 hours of protection, 160 hours of community service order) is too unreasonable.

B. Defendant B’s punishment is too unreasonable.

2. Determination

A. Even if the prosecutor’s determination of Defendant A, C, and D considers the circumstances that are favorable on the grounds of appeal, the lower court appears to have determined each sentence against the Defendants within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, this part of the prosecutor's argument is without merit.

B. The Defendant’s judgment as to Defendant B is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant was punished for daily conduct and trial expenses for the victim G on the grounds of his minor death; (b) the Defendant was inflicted an injury; (c) the location was moved; and (d) the victim I was assaulted to the victim; and (d) the degree of the assault was harsh; and (e) the Defendant did not reach

However, the fact that the defendant recognized each of the crimes of this case and reflected against the defendant, and that the victim I agreed with the victim I and I does not want the punishment against the defendant is favorable to the defendant.

In addition, considering various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the sentence of the court below is considered unfair.

Therefore, the defendant's improper argument of sentencing is justified, and the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the part concerning Defendant B among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that Defendant B’s appeal is reasonable.

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