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(영문) 서울중앙지방법원 2017.10.20 2017노2880
특수상해등
Text

All judgment of the first instance is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment of eight months, and Defendant C.

Reasons

1. Each sentence (Defendant A: Imprisonment with prison labor for a year and June; Defendant B; Defendant C: imprisonment for a period of 10 months; and Defendant C: imprisonment for a period of 6 months) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The Defendants recognized all of the instant crimes.

The defendants do not want to punish the defendants by mutual consent with the victim L in the past.

In light of these circumstances, considering the various circumstances, which are the conditions for the sentencing of the Defendants, as shown in the column of the first instance judgment’s “reasons for sentencing”, each sentence of the first instance judgment seems to be somewhat unreasonable.

3. If so, the Defendants’ appeal is reasonable. Thus, all of the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

【Grounds for the judgment to be used again] The criminal facts of the Defendants and the summary of the evidence recognized by the court are identical to the facts in the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 247 and Article 30 of the Criminal Act; Article 22(2)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act (the point of joint confinement, choice of imprisonment), Articles 258-2(1), 257(1) and 30 (the point of special injury) of the Criminal Act; Article 276(2)2 of the Punishment of Violences, etc.; Article 258-2(1) and 30 (the point of special injury): Defendant B: Article 2(2)2 of the Punishment of Violences, etc. Act; Article 276(1) of the Criminal Act (the point of joint confinement, selection of imprisonment), Article 258-2(1), Article 257(1) and 257(1), and Article 30(2) of the Criminal Act (the selection of a special punishment of a defendant under Article 27(2) of the Criminal Act, etc.

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. A and B of the aggravated concurrent crimes: The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Defendant C: Criminal Act.

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