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(영문) 부산지방법원 2016.06.03 2015노3624

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (a fine of three million won) declared by the lower court to the Defendants is too uneased.

2. In the crime of this case, the Defendants jointly committed the crime of this case against the victim F, resulting in injury to the victim F, such as a scambling, which requires approximately four weeks of medical treatment, and Defendant B assaulted the victim G. In light of the method and content of the crime, the crime is considerably poor in light of the crime, the degree of injury suffered by the victim F is not less than that of the victim, the degree of injury suffered by the victim F is not less than that of the victim, and the victim did not reach an agreement with the victims, the Defendants need to bear strict liability corresponding thereto.

I see that it is.

However, in full view of all the defendants' confessions of the crime of this case and reflects their mistakes in depth, the defendants have no other criminal records except the disposition of suspending indictment, etc., up to the trial of the case, the defendant A deposited KRW 1.5 million for the victim F, the defendant B deposited KRW 3 million for the victim G, and the defendant B deposited KRW 500,000 for the victim G, etc., and other various sentencing conditions as shown in the arguments of this case, including each of the defendants' respective ages, experience, sex, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below on the defendants seems to be appropriate, and it is not recognized that it is unfair because it is too uneasible.

Therefore, the Prosecutor’s above assertion against the Defendants is rejected.

3. In conclusion, the appeal against the Defendants by the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, the pertinent Article 25(2) of the judgment of the court below as “the pertinent Article of the Act and the choice of punishment”, and each of the “Act on the Punishment of Violences, etc.” in Articles 3 and 5 of the same Act as “the Act on the Punishment of Violences, etc.”.