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(영문) 수원지방법원 2014.03.13 2013노6477

폭력행위등처벌에관한법률위반(공동상해)등

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All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The prosecutor of the grounds of appeal and the Defendant asserts that the sentencing of the lower court (eight months of imprisonment) is too minor or unreasonable.

2. The judgment of the defendant committed the crime of this case, including: (a) the victim who was on the way had been sentenced to a fine of KRW 1.5 million for the obstruction of performance of official duties on August 1, 2013; and (b) the defendant was arrested as an offender in the act of committing an act of committing an act of committing an act of committing an act of committing an act of violence, and (c) the nature of the crime is not good; (d) the defendant committed the crime of this case; (e) the criminal records related to an act of violence were more than six times; and (e) the defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court on August 1, 2013; and (e) the defendant

On the other hand, the defendant agreed with the victims of the crime of violation of the Punishment of Violences, etc. Act, and thus the victims do not want the punishment against the defendant, and deposited a total of 5 million won against the public officials of the crime of obstruction of performance of official duties.

In full view of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, as well as the aforementioned flexible and unsound circumstances, the lower court’s sentence against the Defendant is deemed appropriate.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is so decided