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(영문) 청주지방법원 2015.12.23 2015노676
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won is imposed on Defendant A, and a fine of six million won is imposed on Defendant B) declared by the court below is too unreasonable.

2. Determination

A. Defendant A consistently committed the instant crime from the investigative agency to the trial of the case, and shows his attitude to repent his mistake.

In addition, even though the defendant demanded that the defendant be in a room in which the defendant resides several times while under the influence of alcohol at the time, it seems that the defendant committed the crime of this case in a way that does not comply with it.

In addition, it seems that the victim would have been responsible for the occurrence of the instant case, such as refusing to comply with the request of the defendants that the defendants live in accordance with C, which was first deemed to have been engaged in drinking alcohol even at the time. The defendant did not have any past record of having been sentenced to imprisonment or a heavier punishment before the instant crime; the defendant B in a de facto marital relationship generated a baby around July 2015; the fact that the defendant B in a de facto marital relationship gets the baby around July 2015; and the fact that the plaintiff was financially difficult to drive a taxi while driving the taxi at an economic disadvantage is the most favorable to the defendant.

However, the crime of this case is committed in conjunction with C and the above defendant B, which assaulted the victim for 44 days in order to provide the victim with 's face for 44 days', in light of the fact that the victim was the victim's her room room but the victim did not respond to it, and that the act of this case was committed in common with C and the above defendant B, and that the victim was committed with violence for 44 days, and that the degree of the injury was excessive, and that many people were at risk of assaulting the victim jointly, the illegality is more severe.

Moreover, the defendant has yet to reach an agreement with the victim.

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