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(영문) 광주지방법원 2013.05.01 2013노431
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below, which sentenced Defendant A (unfair punishment) to a 1 year imprisonment with prison labor for Defendant A, is too unreasonable that the sentence of the court below is too unreasonable.

B. In light of the fact that Defendant B was punished several times for violent crimes and committed the same kind of crime during the trial of violent crimes, and the risk of the instant crime, etc., the lower court’s sentence, which sentenced Defendant B to a suspended sentence of three years and a 120-hour community service with regard to Defendant B, is too uneasable and unfair.

2. Determination:

A. Defendant A committed the instant crime even though he had been punished several times for violent crimes, and Defendant A agreed with the victim, including the motive and background leading up to the instant crime, circumstances before and after the instant crime, and other various matters specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant A’s age, character and conduct, and environment, and the criteria for the scope of recommendation and the suspension of execution according to the sentencing guidelines for violent crimes, the lower court’s sentence against Defendant A cannot be deemed to be too unreasonable. Thus, the above assertion by Defendant A is without merit.

B. In light of the following factors: (a) Defendant B agreed with the victim; (b) Defendant B ought to be sentenced to punishment for the instant crime in consideration of the criminal facts before the judgment of the court below and the case where the judgment is rendered simultaneously with the instant crime; and (c) the motive and background leading up to the instant crime; (d) the circumstances before and after the instant crime was committed; and (e) various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as Defendant B’s age, character and conduct, and environment, as indicated in the instant records and arguments; and (e) the scope of recommendations and the standards for suspension of execution according to the sentencing guidelines for violent crimes, taking into account

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