(영문) 울산지방법원 2020.11.13 2020노671 | 리걸엔진

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(영문) 울산지방법원 2020.11.13 2020노671

폭력행위등처벌에관한법률위반(공동폭행)

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

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment against the Defendants (the 6 months of imprisonment, the 2 years of suspended sentence, the 7,000,000 won of fine, the 4,000,000 won of fine for Defendant C, the 5,000,000 won of fine for Defendant D, the 5,000,000 won of fine for Defendant E, the 5,000,000 won of fine for Defendant E, the 6 months of suspended sentence, the 2 years of imprisonment for Defendant G, the 6,00,000 won of fine for Defendant G, and the 5,00,000,000 won of fine for Defendant H) is too uneased.

2. Since the judgment organization on the grounds of appeal is likely to pose a risk due to violence and collective nature, and easily commit a crime based on organizational status, and may cause harm to the peace and safety of society by causing direct or indirect harm to good citizens, and thus, it is necessary to strictly punish the crime committed to maintain and maintain the organization. The motive, method, mode, form, and consequence of the crime in this case are not good; the Defendants repeat the crime even though they had been punished for the same or similar violent act; in particular, Defendant H and B committed the crime in this case after having been sentenced to punishment for the immediately preceding crime, which is disadvantageous to the Defendants.

On the other hand, the defendants should not repeat again when they reflect their mistakes, and the fact that the victims do not want the punishment of the defendants by mutual consent with the victims, and that in the case of defendant G, the principle of equity with the case where the judgment has already become final and conclusive should be considered as favorable to the defendants.

In addition, in full view of the Defendants’ age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s punishment against the Defendants is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

3. Conclusion.

유사 판례

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