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(영문) 부산지방법원 2016.07.21 2016노1667
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed on the Defendants (the imprisonment of August for Defendant A, the imprisonment of one year for Defendant B, the suspension of execution of one year for Defendant B, the community service order of 80 hours, the confiscation) is too unreasonable.

2. Determination

A. The circumstances are acknowledged, such as the Defendant’s attitude to recognize and reflect the Defendant’s mistake, the fact that the Defendant agreed with the investigative agency to jointly injure the Defendant, and the total amount of damages incurred by each such crime is KRW 300,000,000,000,000. However, even though the Defendant had had had been punished several times due to the occurrence of a crime by a crime of fraud, interference with the operation of duties, etc., the Defendant started to repeat each of the crimes of this case, which are the same or similar type during the repeated crime period for which the Defendant had already been punished by a crime of fraud, interference with the operation of duties, etc., and the degree of the injury suffered by the victims of the instant joint injury, injury (e.g., 3 weeks to 4 weeks to 4 weeks, e., salts, etc.) is not less specific, more important in the instant case, and other circumstances that should be considered in light of the Defendant’s age, sex, criminal records, and circumstances after the crime, etc., the sentence in the lower judgment within the

The decision is judged.

B. As to Defendant B, the following circumstances are acknowledged: (a) the Defendant agreed with the investigative agency and the lower court with the victims of joint injury and special injury in agreement, and the victims do not want the punishment of the Defendant; (b) the Defendant took the full recognition of and reflects against the Defendant’s wrongness in the trial; and (c) there is no record of criminal punishment exceeding the fine; (b) however, there is a high possibility of self-refluence of the act of attacking and causing bodily injury; and (c) the degree of the injury suffered by the victims of joint injury is not easy; and (d) the Defendant’s age, sexual conduct, and relationship with the victims.

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