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(영문) 수원지방법원 2017.05.18 2016노4534
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of five million won, a fine of five million won, a fine of six million won, a fine of six million won, and a defendant D) is too uneased and unreasonable.

2. In light of the fact that the time for the crime of interference with the duties committed by the Defendants was about one hour, and the amount of damage to property due to interference with the duties was not much significant, the crime of this case is deemed to be inferior. Defendant C’s crime of this case has not yet been committed after release, since there are many criminal records related to violence in the case of Defendant D, and the fact that Defendant D committed the crime of this case again because it has not yet been sentenced to punishment for the same kind of crime, and that it again led to the crime of this case, which is disadvantageous to the Defendants.

However, in full view of the following facts: (a) all the Defendants recognize and reflect on their own crime; (b) the degree of injury caused by the Defendants’ crime is not relatively heavy; (c) mutual punishment is not wanted when reaching an agreement on the crime of injury; (d) the obstruction of duties and damage caused by the crime of damage to property was actually recovered; and (e) Defendant A did not have any record of criminal punishment for the same crime; and (e) other various sentencing conditions indicated in the records of this case, such as the Defendants’ age, sex, family environment, circumstances of the crime, and circumstances after the crime, etc., the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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