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(영문) 수원지방법원 2019.04.26 2018노8369
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts, the court below found the Defendants not guilty on the part where the Defendants jointly inflicted bodily injury on the victim.

B. Each sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 5 million) imposed by the lower court on the grounds that it is too uneasible and unreasonable.

2. Determination

A. Examining the judgment of the court below on the assertion of mistake of fact in comparison with the records, the defendants conspired to commit the instant crime on the grounds stated in its reasoning by only the evidence submitted by the prosecutor.

Since it is insufficient to recognize that the Defendants committed a crime by recognizing or using another person's criminal act, it is sufficiently acceptable to hold the Defendants not guilty on the facts charged that the Defendants jointly injured, and there is no error of misunderstanding of facts alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

B. The lower court respectively sentenced Defendant A to a fine of KRW 3 million and a fine of KRW 5 million on Defendant B, taking into account the unfavorable circumstances and favorable circumstances to the Defendants.

In full view of the facts that are the conditions for sentencing in the trial, in particular, the fact that the Defendants have no record of criminal punishment for the same kind of crime, and that the sentencing judgment of the court below exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing judgment of the court below as it is, no such circumstance exists.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too unreasonable, even if it is considered that the circumstances after the instant crime were committed, the age, character and conduct of the Defendants, and family relationship.

Therefore, prosecutor's argument is without merit.

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