beta
(영문) 광주지방법원 2016.07.19 2015노3361

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. On the other hand, the Defendants asserted that the punishment (two years of suspended execution in one year of imprisonment, and one hundred and twenty hours of community service) declared by the lower court is too unreasonable, while the prosecutors appealed against the summary of the grounds for appeal.

2. In the judgment of the court below, the defendant A deposited the total of KRW 10 million for the victims, and the defendant B deposited the total of KRW 3 million for the victims, and the defendant B was the first offender who has no record of punishment for the crime.

그러나 피고인들이 사소한 시비 끝에 상해를 입힌 피해자가 7명에 이르고, 피고인 B은 소주병을 던져 피해자 I를 가격하고, 일행을 감 싸 보호하려 던 피해자 J을 발로 밟았으며, 피고인 A은 음식물이 끓고 있음에도 가스통을 발로 차고, 휴대전화를 줍던 피해자 L의 머리를 발로 찼는바, 피고인들이 피해자들에게 상해를 입힌 경위와 방식이 매우 위험하고 불량하다.

In addition, the Defendants not only interfered with legitimate performance of official duties, but also suffered injuries from police officers, such as shaking the head debt of police officers dispatched upon report, or drinking back head.

In addition, Defendant B committed a false act by a police officer dispatched to the site, while Defendant B committed a indecent act against the police officer N who called up to the site on the following day: (a) Defendant A’s father AG committed a sexual indecent act against the police officer N who called up to B.

“The content of the complaint filed under Defendant B by submitting and withdrawing a written complaint to an investigative agency, and the attempt to dismiss the police officer, etc. did not seem to have any way to repent their errors.

Meanwhile, the Defendants made efforts to agree with the victims.

However, the victim H, I, and J did not make any particular apology since the case was brought by the Defendants.

In the course of doing so, the defendants want to be punished strictly, and the defendant A is punished by a fine for special assault in 2014.