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(영문) 부산지방법원 2014.06.19 2014노368
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The main points of the grounds for appeal are as follows: each sentence of the lower court (a fine of one million won, a suspended sentence) against the Defendants is deemed to be too uneasy and unreasonable.

2. The Defendants’ crime of this case is not that of having a mental complaint against the doctor’s diagnosis and treatment at a hospital clinic and interfered with the diagnosis and treatment business.

However, the crime of this case was caused by the victim’s assaulting the Defendants first in the Defendants’ claim, and there are circumstances to consider the motive. Defendant A’s health is not good due to mental illness prior to the crime of this case, and Defendant B did not have any particular criminal record except for a fine imposed once due to the violation of the Labor Union and Labor Relations Adjustment Act, etc. Defendant B did not have any criminal record; the criminal mediation procedure of the case where the victim committed the Defendants at the same time as the criminal mediation procedure of this case was committed by mutual agreement that the victim would pay 1.5 million won to the Defendants, and the victim did not want to be punished against the Defendants; and in full view of other various factors such as the Defendants’ age, character and conduct, motive for the crime of this case, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be too harsh.

Therefore, prosecutor's assertion is without merit.

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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