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(영문) 의정부지방법원 2014.12.05 2014노2346
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Among them, the part concerning the first offense against Defendant A shall be reversed.

Defendant

A As to Article 1 of the judgment of the court.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (joint injury) against the Defendants by the prosecutor on November 17, 2012, the court below found the Defendants not guilty of this part of the charges, contrary to the evidence submitted by the prosecutor, even though the Defendants jointly inflicted an injury on the victim R.

B. The punishment imposed by Defendant A (the first crime: imprisonment with prison labor for 2 months, and the second and third crimes: imprisonment with prison labor for 10 months) is too unreasonable.

2. Determination

A. The judgment of the court below as to the prosecutor's assertion of mistake of facts in the facts charged in the instant case, based on the evidence duly adopted and investigated by the court below as to the violation of the Punishment of Violences, etc. Act (joint injury) against the Defendants on November 17, 2012 among the facts charged in the instant case, the court below acquitted the Defendants on the grounds that this part of the facts charged falls under a case where there is no proof of crime. If the records in this case and the reasoning of the judgment of the court below are closely compared, the court below's above judgment is acceptable, and even if examining the grounds for appeal

Therefore, the prosecutor's above assertion is without merit.

B. In full view of all the circumstances such as Defendant A’s age, character and conduct, environment, developments and details leading to the instant crime, and circumstances leading up to the sentencing conditions indicated in the records, etc., the sentence imposed by the lower court on Defendant A on the first offense of this case is too unreasonable, in light of the following: (a) Defendant A’s judgment on the part concerning Defendant A’s crime of unfair sentencing as indicated in the judgment of the lower court, which was solely agreed upon by the victim R and the victim; (b) Defendant A’s license and the dispute between Defendant A’s above victim were created; and (c) the crime of this case was committed in the course of the original judgment upon which the judgment became final and conclusive.

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