beta
(영문) 창원지방법원 2013.11.07 2013노1208

폭력행위등처벌에관한법률위반(공동재물손괴등)

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. According to the records on the judgment on the appeal filed by Defendant A and B, Defendant A received notification of the receipt of the trial record from each court on July 26, 2013, and Defendant B on July 24, 2013, and the submission of each statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act is not made until 20 days have elapsed from the submission deadline of the grounds for appeal under Article 361-3(1) of the Criminal Procedure Act. The petition of appeal filed by Defendant A and B does not contain any indication of the grounds for appeal, and the examination of

2. Determination on the appeal by Defendant C and Prosecutor

A. The gist of the grounds for appeal argues that the prosecutor asserts that the punishment (a fine of 5 million won) imposed by the court below on the Defendants is too uneasible and unfair, and that the defendant C argues that the sentence imposed by the court below on the defendant C is too unreasonable.

B. We examine both parties’ assertion of unfair sentencing.

The defendants find the PC operated by the victim D, which is the opposite member of the former Ordong wave, as the action team of the "Gu Ordong wave", and the defendant C suffered bodily injury from the victim G, who is an employee, and the crime of damaging the house within the above PC is not good, and the defendant C was sentenced to two years of imprisonment with prison labor due to the crime of the Punishment of Violence, etc. Act (a collective deadly weapon, etc.) on September 23, 2009, and committed the crime of this case even if he was a repeated crime period after completion of the execution of the sentence on November 27, 2010.

On the other hand, the defendants are divided and opposed to the mistake of the defendants, the victim D (victim of the destruction and damage of property), the defendant C agree with the victim G, the defendant A is married to form a family and is engaged in a sincere life in the company, the defendant B is in the position to support the baby, the first head of the crime in the judgment of the court below, the defendant A and B are in the position to support the baby, and the defendant C is in the judgment.