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(영문) 창원지방법원 2016.10.06 2016노1874
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for eight months, and for six months, defendant E.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (one year of imprisonment with prison labor for the defendants A, and ten months of imprisonment with prison labor for the defendants E) declared by the court below to the defendants.

2. One-time: (a) the Defendants jointly with other four co-offenders and inflicted five-year injury upon the victim; (b) the Defendants committed the instant crime during the period of repeated crime, in light of the applicable criminal law, not good quality and considerably significant injury to the victim; (c) Defendant A was sentenced to one-year suspended sentence in April 2013 for the same crime; and (d) Defendant A was sentenced to two-year suspended sentence in October 2014 for the violation of the Military Service Act in 2014; (c) Defendant E was sentenced to two-year suspended sentence for the same crime in 2013; (d) Defendant E was sentenced to two-year suspended sentence for the same crime in 2013; and (e) Defendant E was sentenced to two-year suspended sentence for the same crime in 2013; and (e) committed the instant crime during the period of repeated crime after having been sentenced to eight-year imprisonment for special larceny in 2014; and (e) Defendant A cannot be deemed to have been sentenced to a suspended sentence under the proviso to Article 16(1) of the Criminal Act.

However, all the defendants have led to the confession of criminal facts, and they reflect their respective mistakes through the life of confinement close to three months, and they have no criminal records in the case of Defendant A, and in particular, each of the defendants seems to have agreed upon the victim and the victim would not want the punishment against the defendants. In addition, all other circumstances, such as the defendants' age, environment, character and conduct, motive of the crime, circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, are considered as favorable to the defendants.

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