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(영문) 전주지방법원 2016.09.08 2016노794
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years and six months of imprisonment, and two years of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that Defendant A recognized that all of the crimes were committed by the Defendant, and the mistake was divided, that the lower court agreed to the joint attack, joint injury, and violation of the Road Traffic Act (even after the accident) with some victims, and that the above victims did not want the punishment of the Defendant, and that they deposited KRW 509,000,000 for the recovery of damages of the victims who did not agree.

However, the Defendant appears to have had an attitude of emphasizing the legal order by repeatedly committing the crimes such as joint conflict, joint injury, and special larceny for about one year. In particular, the Defendant: (a) through arranging sexual traffic to minor women and taking property by abusing the circumstances in which male sex trafficking cannot report to the police; (b) in the process, the Defendant intrudes upon the victim’s residence and raids the victim’s key to the police; (c) 4 times of criminal punishment (one time of suspended execution, three times of fines) due to the crime of fraud, injury, etc. after 2013; (d) on November 20, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to special larceny, etc., and was in the period of repeated crime; (e) during which the execution of the sentence was completed; (e) in the lower court, the Defendant committed the instant crime without care, taking into account the victim’s motive and circumstances leading up to the occurrence of serious injury, violation of the Road Traffic Act, and the circumstances leading up to the criminal punishment of this case;

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