(영문) 전주지방법원 2014.01.10 2013노1142 | 리걸엔진

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(영문) 전주지방법원 2014.01.10 2013노1142

폭력행위등처벌에관한법률위반(공동퇴거불응)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the sentence of the lower court (the fine of KRW 500,000) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (fine 1,00,000) is too unreasonable.

C. In light of the overall sentencing conditions of Defendant C, the sentence of the lower court (fine 1,00,000) is too unreasonable.

2. Determination on the grounds for appeal

A. Recognizing that Defendant A recognized the instant crime, Defendant A has a depth-off and had no record of punishment heavier than a fine, and Defendant A is the most likely to support the wife and her children with disabilities.

However, in full view of the fact that Defendant A was punished three times as a fine for a violation of the Punishment of Violences, etc. Act, the fact that there was no agreement with the victimized company up to the trial, balance of sentencing with the accomplices, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the age, character and conduct, environment of Defendant A, the developments leading up to the instant crime, means and result, and the situation before and after the instant crime, the lower court’s sentence against Defendant A is too unreasonable. As such, Defendant A’s assertion of unfair sentencing is without merit.

B. Defendant B recognized all of the instant crimes, and recognized the favorable circumstances, such as the fact that Defendant B had a depth-off and had no record of punishment heavier than the fine, etc.

However, the fact that the defendant was punished by a fine on two occasions due to a violation of the Punishment of Violences, etc. Act and a violation of the Punishment of Violences, etc. Act (joint injury) and that there was no agreement with the victim company and the victim P up to the trial, balance of sentencing with the accomplices, and others, the age, character and conduct, environment of the defendant B, and the circumstances leading to the crime of this case.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제51조

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