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(영문) 춘천지방법원 강릉지원 2014.02.18 2013노589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for two years.

Reasons

The summary of the grounds for appeal (unfair punishment) the sentencing of the lower court (the three years of imprisonment with labor for each of the defendants A, B, and the two years and six months of imprisonment with labor for each of the defendants C) is too unreasonable.

The crime of this case was committed by the Defendants on the grounds that the Defendants committed an act of assaulting the victim I and G with no-discriminatoryly due to the camping net, etc., and causing bodily injury to the victims, etc., which is significant, and Defendant B committed the crime of this case during the period of repeated crime due to fraud, etc., and did not agree with the victims, etc., which is disadvantageous to the Defendants.

However, the degree of injury suffered by the victims due to the crime of this case is six weeks and nine weeks, the extent of the defendants' participation in the crime of this case is similar to that of the victims, the victims' intent that they do not want the punishment of the above defendants under the agreement with the defendant A and C. The defendant A did not have any criminal record since 2005 and there is no record of crime exceeding the fine. The defendant B did not have any record of punishment for the same crime for the preceding ten years in 2010, in addition to the punishment of violence once in 2010, in addition to the punishment of the crime of this case, the defendant C did not have any record of punishment for the same crime for the preceding ten years in 208, in addition to the punishment of violence once in 2008, the defendant C did not have any record of punishment for the same crime of this case. The defendant B did not have any record of punishment for the preceding ten years. The defendants acknowledged the defendants' error, contrary to the defendants' age, age, character, motive, means and consequence of the crime, etc.

Therefore, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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