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(영문) 부산지방법원 2016.08.11 2016노1283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

(b).

Reasons

The summary of the reasons for appeal is that the punishment sentenced by the court below to Defendant A (one year and six months of imprisonment) is too unreasonable.

Defendant

The court below found Defendant B guilty of the facts charged in this case in the absence of the fact that Defendant B had inflicted an injury on Defendant B as a joint victim of the interest. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below to Defendant B (one year of imprisonment) is too unreasonable.

Judgment

Defendant

In light of the fact that the crime of this case was committed by Defendant A with the head of the victim B, who is one of the friendships of Defendant A, and continuously engaged in the head and face of the victim in micro and drinking, thereby causing the victim to suffer a necessary injury for about two weeks of treatment, and the nature of the crime is not that of the crime, there is no need to strictly punish the Defendant.

However, in light of the following circumstances: (a) Defendant A led to the confession of the instant crime; (b) Defendant A did not have any history of crime for 20 years after having been punished once by a fine in 196; (c) Defendant A deposited KRW 1 million for the victim at the original trial; (d) Defendant A did not want the punishment of Defendant A upon agreement with the victim in the first instance trial; and (e) other various circumstances, which form the conditions of sentencing as indicated in the records and the theory of change, such as the Defendant A’s age, sex, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the punishment imposed by the lower court is somewhat unreasonable.

Defendant

B The following circumstances, which are acknowledged by the evidence duly adopted and examined by the court below and the testimony of the court below at the court below, namely, Defendant B and the victim A, together with their friendships, drinked to the entertainment drinking place, Defendant B was out of the room, and Defendant B was out of the room, and the alcohol value was given to F, the operator of the entertainment drinking place.

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