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(영문) 전주지방법원 2019.01.31 2018노1187
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

C All appeals filed by the Defendants by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s imprisonment (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (the Defendant A’s fine of KRW 5 million, the Defendant B’s fine of KRW 7 million, the Defendant C’s imprisonment of August, and the Defendant D’s imprisonment of KRW 2 years) is too uneased and unreasonable.

2. We examine Defendant C and the Prosecutor’s respective arguments as to the Defendants.

The circumstances alleged by the prosecutor as an unfavorable element in relation to the sentencing in the trial of the political party and the circumstances alleged by Defendant C as an favorable element in the trial of the court below were revealed in the hearing of the court below, and there is no change of circumstances in relation to the matters subject to sentencing after the sentence of the

The lower court may not be deemed to have determined a punishment by fully taking into account all the circumstances that include the circumstances asserted by Defendant C and the Prosecutor as the grounds for appeal, and that such punishment is too weak, or that it exceeded the reasonable scope of discretion on the court’s determination of sentencing.

Therefore, each of the defendants C and the prosecutor's arguments on unfair sentencing is not accepted.

3. As such, since each appeal against the Defendants by Defendant C and the Prosecutor is without merit, it is dismissed in entirety pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[In the case of selecting a fine among the statutory penalty, repeated crime cannot be aggravated (see Supreme Court Decision 82Do1018, Jul. 27, 1982). The court below erred by emphasizing repeated crime as to Defendant B. However, as long as the punishment (where a fine of KRW 7 million is within the scope of a correct punishment, and the conviction is maintained in the same manner as the court below, it is difficult to see that the above error affected the judgment, the judgment of the court below is not reversed ex officio, and it is hard to see that the above error has influenced the judgment." 1. "A., from among repeated crimes, Defendant B and C" 1., a repeated crime is changed to Defendant C.

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