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(영문) 서울중앙지방법원 2014.09.26 2014노2325
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the first instance is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the first instance court’s sentencing (a fine of KRW 2.5 million for Defendant A, Defendant B’s imprisonment with prison labor for April, and 2 years of suspended execution) against the Defendants are too uneasible.

2. The circumstances where the Defendants agreed with the victim G that the Defendants did not want the punishment of the Defendant are favorable to the Defendants. However, this is only made by Defendant B’s efforts to recover damage after Defendant B was detained, and Defendant A did not have any effort to recover damage. In addition, in light of the content and form of each act committed by the Defendants, the Defendants committed heavy and serious damage in light of the substance and form of each act committed by the Defendants, and even though the same force including each criminal record was several times, the crimes are bad in that they committed the instant crime. In addition, in full view of the circumstances and motive of the instant crime, the details and motive of the instant crime, the Defendants’ age, character and conduct, environment, family relationship, etc., the sentencing of each of the first instance courts against the Defendants is deemed to be unfair because the sentencing of each of the Defendants is too uneasible. Therefore, the prosecutor’s aforementioned assertion

3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment of the court of first instance, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury): Selection of imprisonment [Defendant B] Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 136 of the same Act.

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