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(영문) 부산지방법원 2014.06.19 2014노825
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of one million won.

The Defendants did not pay a fine.

Reasons

Summary of Grounds for Appeal

A. The court below found the Defendants guilty of the facts charged in this case, which did not err by misapprehending the facts and adversely affecting the conclusion of the judgment, even though they did not interfere with the victim's business by assaulting the victims or destroying the victim's property and by force at the Flive point of the operation of the victim E.

B. The lower court’s sentencing (each fine of two million won) is too unreasonable, even if not, on the one hand.

Judgment

A. The following circumstances acknowledged by the court below as to the assertion of mistake of facts are consistent with the evidence duly adopted and investigated by the court below, namely, ① the victims were consistently gathered from the investigative agency to the court below's judgment, and the victims were arrested, damaged, and interfered with the victim's business by force, etc. on the ground that the victims were suffering from the abuse of the victim's head debt, etc., and ② the defendants, the visitors at the scene, were made a statement that they were suffering from disturbance, such as where the victims were satisfed with the victim's statements (the defendants asserted that they were related to the main points of the victims, but there is no ground to acknowledge it). ③ At the time of the victim's report, the defendants were dispatched with the victim's intent to resist and interfere with the victim's property, and the defendants were sufficiently aware of the facts charged, such as the abuse of the victim's property and the obstruction of the victim's duty as a whole.

Therefore, the defendants' assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing

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