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(영문) 수원지방법원 2015.07.14 2014노6716
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal by the Defendants and the defense counsel, the defendants reflects the mistakes and are in an economically difficult situation, and the defendants and co-defendant A deposited a total of KRW 4.8 million for the recovery of damage, etc., the sentence of the court below that sentenced the defendants to a fine of KRW 3 million is too unreasonable.

2. The crime of this case was committed by the defendants jointly and by assaulting the victim for about four weeks, thereby causing injury to the victim, such as the right-hand luminous bones and felites, etc., which requires treatment for about four weeks, and the victim is punished, and the defendant D has the record of having received a disposition of suspending indictment one time due to the violation of the Punishment of Violences, etc. Act (joint injury) and two times of having received a disposition of non-right to prosecute due to violence. In light of the motive and background of the crime of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing such as the records and arguments of this case, considering all the circumstances alleged in the grounds for appeal, it cannot be deemed unfair since each sentence imposed by the court below is too large even after considering all the circumstances alleged in the grounds for appeal. Thus, the above assertion is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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