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(영문) 수원지방법원 2019.09.26 2019노2885
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A: Imprisonment with prison labor for 6 months, Defendant B: fine of 5 million won) is too unreasonable.

B. The above punishment of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. The crime of this case was committed by the Defendants by jointly assaulting the victims, thereby inflicting an injury on the victim, such as the escape of the left blue blue in need of six weeks' treatment, in light of the background of the crime, the form of the assault, the degree of the injury inflicted on the victim, etc., and the nature of the crime was not less than that of the crime, and not recovered from the victim up to the trial, and the defendant A did not receive a letter from the victim, and the defendant A had a record of having been punished several times as violent crimes, and the crime of this case was committed without being aware of the fact that he was prosecuted as a crime of obstruction of performance of official duties and without being tried.

However, the defendants are all aware of their mistakes, and the defendant A is in a concurrent relationship between the first head of the crime and the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below and the latter part of Article 37 of the Criminal Act, and the defendant B is an initial offender who has no criminal power prior to the crime of this case, etc. are favorable to the defendants.

In light of all the above circumstances, the lower court appears to have determined punishment in light of various circumstances, including the Defendants’ age, character and conduct, environment, motive and background of the crime, means and consequence, and the circumstances after the crime, etc., it does not seem that the lower court’s sentencing is too heavy or unreasonable because it goes beyond the reasonable scope of discretion, and is therefore unreasonable.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

3. In conclusion, each appeal by the Defendants and the prosecutor is without merit.

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