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(영문) 대구지방법원 2019.01.10 2018노3130
폭행
Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A (two years of imprisonment with prison labor for April suspension, two years of community service order, 120 hours of community service order) is too unreasonable.

B. Defendant B 1’s misunderstanding of facts (as to the injury of the victim F), the Defendant did not have the victim F’s chest fall under the bottom of the axis by hand. Defendant B 1’s misunderstanding of facts (as to the injury of the victim F), the sentencing of the lower court of unfair sentencing (as to six months of imprisonment) is too unreasonable.

C. The sentencing of the lower court on Defendant B by the Prosecutor is too unhued and unreasonable.

2. Determination

A. In light of the circumstances stated in its reasoning, the lower court determined that the Defendant, as stated in the facts constituting the crime of the lower judgment, could have found that the Defendant fell under the bottom of the stable by pushing the victim F’s chest by hand.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence examined by the lower court and the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts and adversely affecting the conclusion

B. The Defendants did not have the power to impose a punishment heavier than the suspension of the execution of imprisonment on the Defendants and the prosecutor’s allegation of unfair sentencing.

On the other hand, the victims suffered from the crimes committed by Defendant B, each of which requires two weeks and eight weeks of treatment.

Defendants were unable to agree with the victim.

In full view of the aforementioned circumstances, including the Defendants’ age, character and conduct, environment, family relationship, motive, background, means and consequence of the commission of the crime, as well as the circumstances after the commission of the crime, there are no special circumstances or circumstances to change the sentencing of the lower court after the commission of the crime, the sentencing of the lower court is not unfair.

3. The Defendants’ appeal and the Prosecutor’s appeal against Defendant B are without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act.

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