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(영문) 서울서부지방법원 2019.11.21 2019노926
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 500,000,000,000,000,000,000,000,000,000,000) imposed by the lower court is deemed unreasonable.

2. The defendants' joint use of violence to the victim H is not easy, and the defendant B and C have the record of criminal punishment of fines for the same kind of crime is disadvantageous to the defendants.

However, the Defendants recognized all of the instant crimes and seriously reflect on them, and this case is an contingent crime, and some Defendants were assaulted by the victim, and the Defendants agreed to pay KRW 6 million to the victim for the recovery of damage to the victim at the lower court, and the fact that the victim was the captain of the Defendants is favorable to the Defendants.

In full view of the above-mentioned normal relationship and the Defendants’ age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, we do not accept all the prosecutor's assertion of unfair sentencing against the Defendants.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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