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(영문) 창원지방법원 2017.06.16 2017노962
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The court below held that the crime of this case was committed on behalf of the defendant, the defendant did not know about the extent of damage from the crime, the defendant agreed all with the victims at the court below, the crime of injury for which judgment became final and conclusive, and the crime of coercion of this case should be considered at the same time in relation to concurrent crimes under Article 37 of the Criminal Act and the crime of assault for which judgment became final and conclusive, and the crime of coercion of this case should be considered at the same time in relation to concurrent crimes under Article 37 of the Criminal Act. The crime of this case was committed in collaboration with the members of violent organizations, and the crime of this case was committed in bad quality, which caused the victim F to do not have any obligation to do by intimidation, even though the defendant had been punished several times of violent crimes, each crime of this case was committed under consideration of the circumstances that the defendant committed each crime of this case without being aware of during the period of probation, and in particular, the defendant committed the crime of coercion in consideration of the defendant's age, sex, environment, motive and means of the crime, etc.

The grounds for the improper sentencing alleged by the defendant and the prosecutor are shown to have been sufficiently considered in determining the punishment against the defendant, and all of the defendant have been recognized in the first instance court, but this alone has changed in the above sentencing conditions.

In light of the above conditions of sentencing, the sentence of the court below is determined to be appropriate because it was conducted within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so ordered.

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