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(영문) 서울남부지방법원 2018.08.16 2017노2406

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (Defendant A: fine of KRW 700,00,000, Defendant B, and C: each fine of KRW 500,000) declared by the court below is too unreasonable.

2. The Defendants recognized the instant crime and reflected it.

The crime of this case was committed by the Defendants in the course of obstructing the assembly of victimsJ, etc. and preventing them from contingently, and there are circumstances to consider the circumstances.

The Defendants deposited KRW 2 million with the injured victim as the principal.

However, in this case, the defendants interfere with assemblies peacefully progress for the company's interest by means of violence, etc. and do harm to the victim is not easy to commit the crime.

The judgment below

There is no change in circumstances that will be considered in sentencing after the sentence.

In addition, when considering all of the sentencing circumstances shown in the records and arguments of this case, such as the age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision No. 364(4). However, as it is obvious that Defendant L is a clerical error in Defendant A’s judgment on the third side, the appeal is corrected ex officio).