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(영문) 춘천지방법원 강릉지원 2015.02.10 2014노540

폭력행위등처벌에관한법률위반(공동상해)등

Text

Of the judgment of the court below of first instance, the part concerning Defendant A, and the part concerning Defendant F among the judgment of the court of second instance, and Defendant F.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants CE, A, B, C, D, and E (Defendant CE: a fine of KRW 5 million; a fine of KRW 5 million; a fine of KRW 5 million; a fine of KRW 4 months; and a fine of KRW 8 months; Defendant B: imprisonment of one year and four months; Defendant C: imprisonment of one year and four months; Defendant D: imprisonment of one year and six months; and Defendant E’s imprisonment of one year and six months; and 1 year and six months) is too unreasonable.

B. The Prosecutor (the remaining Defendants except the Defendant CE)’s sentence against the above Defendants (the sentence of the lower court against Defendant F: imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant A and the prosecutor, the court of first instance ex officio examined the above defendant, and the court of the original judgment completed a separate examination on each of the above defendant, and the court of second instance sentenced the above defendant to a fine of 5 million won, the court of second instance sentenced to a fine of 4 months and imprisonment of 8 months, and the prosecutor filed an appeal against the judgment of the court of first instance, and the above defendant and the prosecutor filed an appeal against the judgment of the court of second instance, and the court of

However, the crime of violation of the Punishment of Violence, etc. Act (joint injury) against Defendant A and the crime of violation of Article 38(1) of the Criminal Act shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act, since the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the crime of injury listed in attached Table 1 of List 2

On the other hand, among the crimes of attack against the above defendant, the crimes of assault No. 1 listed in the annexed Table 1 stated in the annexed Table 37 are in the concurrent crimes of injury, etc. for which judgment has become final and conclusive (two years of imprisonment with prison labor) and the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt from punishment, taking into account equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In full view of the contents of the above crime, the crime of assault, etc., the crime of attack, the contents of the crime of attack, and the amount of