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(영문) 전주지방법원 2019.07.10 2019노652
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and three months, and Defendant B.

Reasons

1. The summary of the grounds for appeal (the short-term one year and three months of imprisonment, the long-term one year and nine months of imprisonment, the defendant B: imprisonment with prison labor for a short-term of one year, the long-term one year and six months, and the defendant F: imprisonment with prison labor for a short term of one year and six months, and the long-term two years) is too unreasonable.

2. The crime of joint injury in this case was committed on the ground that the victim J made an examination of Co-defendant H in the court below, and was inflicted an injury upon the victim J while going to the victim J for about nine to forty minutes due to fear that the crime would be committed in the case of Defendant B and F, and thus, the victim J was detained for about nine to nine minutes due to fear that the crime would be committed. In light of the law of crime and the circumstances of violence, etc., the crime is very poor, and the victim J and his family members suffered emotional distress, and Defendant F committed the crime of special theft in this case in collaboration with Co-Defendant G in the court below, but again committed the crime of this case within a short period of time, even though he was subject to the prior notice of suspension of indictment on the condition of guidance, etc.

However, in light of the circumstances favorable to the Defendants, such as the Defendants’ acknowledgement of all of the instant crimes and the fact that the Defendants were guilty, and that they agreed to the victim J and the original agreement was reached at the time of the trial, and that there was no record of criminal punishment, and other circumstances, such as the Defendants’ age, character and conduct, environment, motive and means of the instant crime, and the consequences of the instant arguments and the sentencing conditions indicated in the records, such as the circumstances before and after the instant crime, the lower court’s punishment is too unreasonable, and thus, the Defendants’ assertion is reasonable.

3. In conclusion, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the Defendants and the summary of the evidence recognized by this court are as follows.

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