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(영문) 서울서부지방법원 2014.04.11 2013노1219
폭력행위등처벌에관한법률위반(공동상해)
Text

1. The judgment below is reversed.

2. Defendant A shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by imprisonment for six months.

3...

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the court below (the fine of 4,00,000 won, the fine of 2 years after the suspension of execution in August, and the community service work 120 hours) is too unreasonable.

2. The judgment of Defendant A has judged the above Defendant D, and without any special reason, she saw the time room for the victim’s injury first, without any justifiable reason. Defendant B suffered serious injury on the part of the victim E, who assaulted the victim E and escaped from the victim’s cell phone on the ground that the victim E took the part of the above victim’s injury, and the crime is very bad, and the Defendants have a record of being sentenced to a fine due to the same kind of crime, and Defendant B did not agree with the victim E.

However, in full view of the factors of sentencing favorable to the Defendants, such as the fact that the Defendants recognized the instant crime, the Defendants did not have any criminal record more than a suspended sentence, and the Defendants wished to take the Defendant’s measures by mutual consent with the victim D, and other factors of sentencing as shown in the argument of the instant case, the sentence imposed by the lower court to the Defendants is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines, etc.

B. Defendant B: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257 of the Criminal Act.

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