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(영문) 대전지방법원 2016.06.02 2015노3682

폭력행위등처벌에관한법률위반(공동퇴거불응)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable that the court below sentenced the Defendants to each punishment (a fine of 700,000 won, a fine of 50,000 won, and a fine of 50,000 won).

2. The fact that the Defendants did not have any history of punishment exceeding the fine is favorable to the Defendants.

However, in light of the following: (a) there is no particular circumstance to reduce the sentence of the lower court in the trial; and (b) there is no other circumstance to find out changes in the circumstances; and (c) comprehensively taking account of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (d) there is no reason to believe that the sentence against the Defendants is too unreasonable because the sentence of the lower court against the Defendants

3. In conclusion, the Defendants’ appeal is all dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 319(2) of the Criminal Act on the 13th page of the judgment of the court below among the application of the statutes of the court below, since it is obvious that the Defendants’ appeal is a clerical error in the provisions of Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 319(2) and (1) of the Criminal Procedure Act are correct ex officio pursuant to Article 25(1) of the Regulations on the Punishment of Violences, etc.).