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(영문) 서울중앙지방법원 2013.10.11 2013노2659
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the first instance shall be reversed.

Defendant

Punishment A and B shall be imposed on each fine of KRW 700,000, and the punishment against Defendant C.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. The court's judgment seems to have been considered in the background of the occurrence of the injury in this case, such as providing the victim with the first step of trial expenses, etc. The defendants deposited 1.2 million won for the victim, the defendants deposited their mistakes in depth, and other various sentencing conditions shown in the arguments in this case, including the degree and age of the defendants' participation, character and behavior, family character and behavior, the circumstances before and after the crime, are considered to be somewhat unreasonable.

3. According to the conclusion, as the appeal by the Defendants is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted 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 as to the facts constituting an offense, and the choice of a sentence (the choice of the defendants and fines) and Article 257(1)1 of the Criminal Act, Articles 70 and 69(2)1 of the Criminal Act, respectively, are Articles 334(1) of the Criminal Procedure Act.

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