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(영문) 창원지방법원 2015.07.02 2015노472
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment (a fine of one million won, a fine of one million won, and a fine of five hundred thousand won) declared by the court below is too unhued and unreasonable.

2. The crime of this case is a case where the defendants assaulted the victim in collaboration with D and E, and it is recognized that no particular material was submitted regarding the recovery of the victim's damage until the court below rendered the judgment.

However, in light of the following circumstances: (a) the Defendants recognized all their mistakes when they were in the trial; and (b) the extent of assault is relatively heavy; and (c) there is no special circumstance or circumstance that may newly be considered in the sentencing after the sentence of the lower judgment; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) various circumstances that form the conditions for sentencing as indicated in the argument and the record of the instant case, such as the circumstances after the crime was committed, it is not recognized that the lower court’s sentence was excessively

3. The appeal against the Defendants by the prosecutor of the conclusion 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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