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(영문) 부산지방법원 2014.03.20 2014노67

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for not less than eight months and by imprisonment for Defendant B.

Reasons

1. The summary of the grounds for appeal is that the court below sentenced the Defendants to one year and two months of imprisonment, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the Defendants asserts that the sentence of the court below is too unreasonable.

2. The crime of this case was committed by the defendants, who judged that the game room operated by the victim K received secret defense from other persons in conflict with them, and the defendants entered the above game room for a short period of time and damaged 58 games, and there was considerable economic loss and physical damage to the victims by causing violence to the victim K and the employees of the victim M, who are the victims. Furthermore, the crime of this case was committed by the defendants due to the fact that a good citizen, who observed the light view, did not walk around the center and did not walk around the center and did so, and the danger of assault as stated in the reasoning of the court below acknowledged by the evidence duly adopted and investigated by the court below, and the crime of this case was committed in question, and the crime of this case was committed in bad quality, and the defendant B committed the crime of this case, as well as assaulting the police officers on official duties, and the crime of this case committed the same kind of crime, and thus, the defendants' risk of recidivism and punishment should be disregarded in consideration of the danger of recidivism of the crime of the crime of this case.

However, when the Defendants were in the trial, they were in good order and in depth, and the victims K and M agreed with the Defendants, and appeal the Defendants’ wife several times from the investigation process to the original court and the trial court, and the damaged police also wanted the Defendant B’s wife. In the case of Defendant A, they have lived faithfully without any particular criminal record during the last 15 years.