(영문) 대구지방법원 2019.05.24 2018노4774 | 리걸엔진

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(영문) 대구지방법원 2019.05.24 2018노4774

폭력행위등처벌에관한법률위반(공동폭행)

Text

1. The judgment below is reversed.

2. Defendant A shall be punished by a fine of 700,000 won and a fine of 500,000 won, respectively.

3...

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (a fine of one million won for each of the defendants) is too unreasonable.

2. It is recognized that the Defendants did not agree with the victim, Defendant A had two times the previous convictions including Defendant A and Defendant B had been sentenced to a fine once due to the crime of injury, and the other two previous convictions are recognized.

However, it is also recognized that the Defendants recognized each of the instant crimes and opposed to each of the instant crimes, and that there appears to be some of the grounds for the Defendants to have committed the instant crimes committed, and that, in the case of Defendant B, the degree of the Defendants’ participation in the instant crimes is not more severe than that of Defendant A, Defendant A did not have the same kind of criminal records and criminal records, and Defendant B did not have any criminal records exceeding the fine.

In addition, in full view of the various circumstances, including the age, character and conduct, environment, family relationship, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below on the defendants is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is based on the following reasoning.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제1호

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