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(영문) 광주고등법원 (제주) 2018.02.07 2017노77
중상해등
Text

The judgment below

The guilty portion shall be reversed.

Defendant

A and C Imprisonment for two years, and Defendant B for one year and two months, respectively.

Reasons

1. The summary of the grounds of appeal in light of the following facts: (a) the circumstance leading up to the instant crime is contingent; (b) the victim committed a speech that may stimulate physical collisions; (c) the Defendants agreed with the victim or deposited a certain amount of money for the victim; (d) the Defendants’ participation in the instant crime was not much weighted; and (e) the Defendants’ age, environment, and criminal record relation (two years of imprisonment with prison labor for each of Defendant A and C and one year and two months of imprisonment with prison labor for Defendant B) are too unreasonable.

2. The judgment on the grounds of appeal was based on the Defendants’ online vision due to the restriction on the use of the doping site.

J is a case of assaulting the victim, who is his or her behavior, thereby causing serious injury.

The Defendants unilaterally assessed the victim who has no direct relation with the occurrence of the trial cost, and because of this, it is difficult to treat the injury of the victim by surgery or drug, the disability is likely to remain permanently.

In light of the attitude of the crime of this case and the degree of damage suffered by the victim, the Defendants’ crime is very heavy and the possibility of criticism is so high that corresponding punishment is necessary.

However, on the other hand, there are extenuating circumstances such as Defendant A’s 50 million won in the original trial, Defendant C’s payment of KRW 45 million to each victim, and agreed with the victim, Defendant B deposited KRW 5 million in the original trial for the victim, and additionally deposited KRW 15 million in the original trial for the victim, Defendant B was the first offender, Defendant A and C did not have any history of punishment heavier than a fine, Defendant A and C did not have any history of punishment heavier than a fine, and the Defendants took an attitude against all criminal facts when they came to the first instance trial, and the majority of the Defendants, who are the names of the Defendants, want to find the Defendants’ preference against the Defendants.

The above defendants are favorable to the defendants.

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