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(영문) 대구지방법원 2017.05.24 2016노3777
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (eight months of imprisonment) is too unreasonable.

2. The crime of this case is jointly committed by the Defendants to inflict injury upon the victims C for a period of eight weeks, and Defendant D inflicted injury upon the victims B in need of two weeks’ treatment, and the degree of injury is not less exceptionally, and the nature of the crime is bad.

However, in full view of the records and arguments of this case including the defendants' age, sex, environment, motive and background of the crime, circumstances after the crime, etc., it seems that the defendants committed the crime of this case under the influence of alcohol, the defendants were deemed that they committed the crime of this case. The defendants committed the crime of this case, the sum of 14 million won each of 7 million won in the trial at the time of the trial, and the defendants deposited for the victim C, and there is no special criminal conviction except the fines to the defendants. It is deemed that the punishment imposed by the court below is too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

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

B. Defendant D: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (joint injury point, choice of imprisonment with prison labor) and Article 257(1) of the Criminal Act (the point of injury, and choice of imprisonment with prison labor)

1. Defendant D who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (the punishment is more severe).

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