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(영문) 광주지방법원 2013.05.31 2012노819
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. When considering various circumstances against the Defendants in light of the summary of the grounds for appeal, the sentence of the lower court (the sentence of October, the suspended sentence of two years, the imprisonment of six months, the suspended sentence of two years, the confiscation of the Defendants C, the suspended sentence of eight months, and the suspended sentence of two years) is too unreasonable.

2. The circumstances favorable to the Defendants are that the Defendants confession and reflect all of the instant crimes, the victim did not want to punish the Defendants, and the fact that there is no record of criminal punishment in the Republic of Korea, etc.

However, the crime of this case was committed by the Defendants by assaulting the victim’s face, body body, etc. several times together with Co-defendant D, E, and F of the lower court, and by unloading the glass window of the victim’s boarding from each item to each other, and it is not good that the crime is committed in light of the method of crime and its risk, the injured part, and the degree of injury suffered.

In particular, Defendant A and C assaulted the victim who is willing to escape from assault to the victim, and reported to the police, the victim's family in Sri Lanka would die and threatened the victim's family.

In the process, the victim is considered to have suffered considerable physical and mental pain.

In full view of these circumstances, comprehensively taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act including the Defendants’ age, character and conduct, environment, etc., the lower court’s punishment is not too heavy and is just and reasonable. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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