(영문) 청주지방법원 2017.03.17 2016노1556 | 리걸엔진

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(영문) 청주지방법원 2017.03.17 2016노1556

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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Defendant

A All appeals against the Defendants of the appeal and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A - Among the sentencing division - The sentence imposed on the above Defendant by the original instance (the imprisonment of one year and six months, and the sexual assault treatment program completed 40 hours) is too unreasonable.

B. (i) The above sentence that the court below decided against Defendant A is too unhued and unfair against the above Defendant A.

According to the victim's photographs, the victim's statement, etc. against the defendant B, the victim suffered the upper part of the face of the above defendant, and as long as it is evident that the complete physical condition is damaged due to such external wound itself, the victim suffered the injury.

It is reasonable to judge.

Therefore, the judgment of the court below which acquitted Defendant B of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. We examine both Defendant A and the Prosecutor’s respective arguments regarding the sentencing of Defendant A.

Defendant

A’s crime of this case is a special injury on two occasions, injury on one occasion, and indecent act on one body. The special injury crime of this case two times is all committed by the above defendant, which inflicted an injury on the victims by getting the victims to a medical person located at a restaurant.

As a result, the victim K suffered an uneasy injury that is weak to put in arms that require six weeks' medical treatment.

In regard to this, the court below set the punishment against the above defendant by taking into account all favorable circumstances for the above defendant, including the fact that the above defendant was punished for a large number of crimes including violent crimes, and that the crime of this case was committed during the period of repeated crime due to fraud, and that the crime of crime No. 2 as stated in the judgment of the court below was committed during the period of being tried as a crime as stated in paragraph 1 of the crime.

In comparison with the court below's decision, the case is examined in the trial.

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