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(영문) 울산지방법원 2016.04.29 2016노331
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

Reasons

1. The gist of the grounds for appeal is that each sentence of the lower court against the Defendants (the suspended sentence against Defendant A: a fine of KRW 500,000,000; the suspended sentence against Defendant B: a fine of KRW 300,000) is too uneasible and

2. The crime of this case was committed jointly by the Defendants and assaulted two victims in front of the main point where the Defendants pass by people, and the nature of the crime is not less severe than that of the Defendants.

However, all of the defendants recognized the crime of this case and opposed to it, and one of the victims was the first step to commit the crime of this case to the defendant A, and the use of violence was caused by the crime of this case.

On the other hand, while the assault by the Defendants did not reach the degree of injury to the victims, Defendant A did not suffer considerable damage due to an injury to a diversified telegraph, etc. which requires medical treatment for about three weeks due to the assault by the victims, Defendant A is relatively minor, the victims do not want the Defendants' punishment by mutual consent, and all the Defendants do not have any criminal history, etc., in full view of the circumstances favorable to the Defendants, such as the Defendant’s age, family relation, family relation, criminal records, sexual intercourse, environment, means and method of the crime, motive and circumstance of the crime, etc., and all the sentencing sentencing conditions as shown in the argument of this case, such as the following facts: (a) the court below’s punishment against the Defendants should be reversed; and (b) it is not determined that it is unreasonable to deem the Defendants as it is too unreasonable to the extent that each sentence of the court below against the Defendants should be reversed.

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

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