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(영문) 인천지방법원 2015.07.10 2015노1324
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant

A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

(b).

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the Defendants is too unreasonable.

2. In full view of all the sentencing conditions in the records, including the Defendant’s age, character and conduct, background of the instant crime, and circumstances before and after the instant crime, the sentence imposed by the lower court to the Defendants seems to be somewhat unreasonable, and thus, the Defendants’ above assertion is reasonable, since the sentence imposed by the Defendants appears to be somewhat unreasonable, since it appears that the Defendants did not have the history of punishment for the same kind of crime, the Defendants recognized all of the instant crimes, the Defendants were detained for about three months as a result of the instant crime, and the Defendants paid the time of reflection.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the choice of imprisonment, and the choice of imprisonment

B. Defendant B: Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of jointly causing damage, etc.) and the choice of imprisonment, respectively.

C. Defendant C: Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the point of joint damage) and Article 260 of the Criminal Act.

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