(영문) 부산지방법원 2016.02.18 2015노4245 | 리걸엔진

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(영문) 부산지방법원 2016.02.18 2015노4245

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 5 million.

Reasons

1. The lower court’s punishment (for each of the Defendants, four months of imprisonment) is too unreasonable in light of the main sentence of the grounds for appeal.

2. The Defendants had been punished several times for the same or similar crimes. While Defendant A was under the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (joint attack), Defendant B committed the instant crime against the Defendants even though the period of suspended execution due to a violation of the Punishment of Violences, etc. Act (damage to a group deadly weapon) (damage, etc. to a deadly weapon).

However, the defendants recognized the crime of this case and reflect their depth, and the crime of this case was committed by mistake that the injured person was committed when the injured person committed the crime of this case was committed, there are extenuating circumstances in terms of motive and circumstance, the injured person did not want punishment against the defendants, the defendants were living in prison for 2 months as a result of the crime of this case, the execution of the previous execution becomes effective if the defendant B is sentenced to a sentence, and there are other various circumstances, which are the conditions for sentencing as indicated in the records and the theory of changes, such as age, sex, environment, degree of participation in the crime, and circumstances after the crime, etc., it is inappropriate to view the punishment of this case as too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first sentence of the judgment of the court below. The defendant A was sentenced to eight months of imprisonment with prison labor on February 22, 2013 due to the crime against the registered deadly weapons of violence, etc. in the Busan District Court, and the execution of the sentence was completed by the Busan District Court on July 8, 2013.

“ Except for the deletion of the part “..........”

참조조문

-폭력행위 등 처벌에 관한 법률

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