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(영문) 의정부지방법원 2015.11.18 2015노1533
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the court below's penalties A7,00,000 won against the Defendants, and the fines B3,00,000 won against the Defendants is too unreasonable.

2. The circumstances are recognized such as that the Defendants recognized all of the instant crimes, the victim E of the assault crime and the victim did not want to be punished against the Defendants, the economic condition of Defendant A is not good, and Defendant B is a primary offender with no record of the crime.

However, each of the crimes of this case committed jointly by the defendants, and each of the crimes of this case committed by the defendants Eul committed violence on one occasion and interfere with his own legitimate performance of official duties. In light of the circumstances of the crime, the method of the crime, etc., the defendant A committed the crime of this case again during the repeated crime period even though he had been punished three times due to violence, and the nature of the crime is poor, and all of the sentencing conditions in the records and arguments of this case, including the motive and circumstances of the crime of this case, the defendants' age, environment, occupation, economic situation, etc., are not determined to be too unreasonable.

3. Therefore, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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