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(영문) 부산지방법원 2016.04.28 2015노3603
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the fine of KRW 500,000,000, and the fine of KRW 300,000) is too unreasonable.

2. The judgment of the Defendants reflects the Defendants’ mistake while recognizing the instant crime, and the Defendants are disabled persons of Grades IV and II with intellectual disabilities, respectively, and their health conditions are not good, and they seem to have difficulty in economic situations as the recipients of basic living benefits, and the victims are not wanting to be punished by the Defendants, etc. are favorable circumstances to the Defendants.

However, in light of the above-mentioned favorable circumstances, the lower court already determined the sentence, and there is no change of circumstances that could change the circumstances between the lower court and the sentence in the trial; Defendant A had been subject to criminal punishment more than 20 times, including the past and eight times of violence; Defendant B had nine times of criminal punishment, including the past and past seven times of violence; and other various sentencing conditions, including the Defendants’ age, sex, conduct, environment, means and method of crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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