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(영문) 창원지방법원 2018.12.13 2018노2070

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 8,000,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal (in each case’s sentencing) by the lower court (in each of the Defendants’ fines of KRW 4,000,000) is too heavy or unreasonable.

2. We examine both the Defendants and the Prosecutor’s respective arguments regarding sentencing.

The Defendants have shown an attitude to oppose the confession of each of the crimes in this case, and the Defendants deposited KRW 7 million for the victim E before the pronouncement of the judgment below, and endeavored to agree with the victims after the pronouncement of the judgment below, and paid KRW 3 million to the victim F. The Defendants are relatively old, and Defendant A has no record of criminal punishment, and Defendant B has no record of criminal punishment except for the crimes in this case.

However, each of the crimes of this case was committed jointly by the defendants, and the nature of the crime is not good, and the victim E suffered serious injury, etc. due to each of the crimes of this case, and it appears that the victim E suffered a long-term pain due to the left-hand fall and the opening disorder. Nevertheless, the victims were punished by the victims because they did not receive any instruction from the victims, and the victims were under the victim's age, sexual behavior, environment, motive and circumstance leading to each of the crimes of this case, the means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., it is judged that the punishment imposed by the court below is unfair.

3. As the prosecutor’s appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again after pleading (it is not accepted by the Defendants, but it is so long as the judgment of the court below is accepted by the prosecutor’s appeal and reversed, the appeal by the Defendants is not dismissed separately from the disposition)