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(영문) 춘천지방법원 2014.05.21 2013노602

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (a fine of KRW 7 million) on the summary of the grounds of appeal is too unreasonable.

2. The defendants recognized their mistake and reflects, and there are favorable circumstances such as the fact that the defendant A's money and his father are the recipients of basic livelihood, and the father of the defendant B suffers from chronic kidy diseases, etc. However, these circumstances appear to have been considered in the court below in its entirety, and there is no change of circumstances in the circumstance at the court below. Meanwhile, the crime of this case is not less vulnerable to the nature of the crime in light of the type of crime, etc., and the defendants did not reach agreement with the victims until the court below, and other various sentencing conditions indicated in the records such as the motive and circumstance leading to the crime of this case, the situation after the crime, and the age, character and conduct of the defendant, etc. are considered to be too unreasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, ex officio pursuant to Article 25 of the Rules on Criminal Procedure, it shall be corrected that "the defendant" in the first and third orders of the judgment of the court below is corrected as "the defendant".