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(영문) 서울서부지방법원 2018.04.26 2018노22

폭력행위등처벌에관한법률위반(공동폭행)

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All appeals by the Defendants are dismissed.

Reasons

The Defendants appealed on the ground that the sentence of the lower court (Defendant A: a fine of KRW 2 million, Defendant B: a fine of KRW 3 million) is too unreasonable.

The lower court determined the punishment by comprehensively taking into account all the factors of sentencing, including the degree of force exercised by the Defendants, confession and reflect, the fact that the Defendants made an agreement with the victims, the circumstances leading to the commission of the crime, the Defendants’ criminal records exceeding the fine, and the Defendants’ age, sexual conduct, environment, etc., and determined the punishment by a fine.

Examining the evidence of this case and the above sentencing, even if considering the economic situation of each party alleged by the Defendants, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no change in circumstances that it is unfair to maintain it as it is in the appellate court.

The Defendants’ assertion cannot be accepted on the ground that the punishment against the Defendants by the lower court is too excessive and it cannot be deemed unfair.

Since all appeals by the defendants are without merit, they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.