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(영문) 서울서부지방법원 2015.03.19 2014노1384
폭력행위등처벌에관한법률위반(공동폭행)등
Text

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

Reasons

1. The summary of the grounds for appeal that the court below rendered against the Defendants (a fine of five million won per each of the defendants) is deemed to be too uncomfortable and unfair.

2. The Defendants’ crime of this case committed by the Yongsan-gu Office’s employees under the Yongsan-gu Office’s control over drinking alcohol in a park, such as assaulting the victims D and Kameras to the bottom degradation, etc., are bad and bruted.

In light of the fact that all the Defendants were punished several times for the same crime of violence, Defendant A is serving as a repeated crime such as robbery, injury, etc., and Defendant B is serving as a suspended crime of habitual assault, etc., the Defendants should be punished strictly.

However, both the Defendants recognized the mistake and are in depth divided, and the Defendant A agreed with the victim D.

In addition, considering the circumstances of the instant crime, such as the background and means of the instant crime, the circumstances after the instant crime, the career of the Defendants, and all the sentencing conditions indicated in the pleadings, it cannot be said that the lower court’s punishment against the Defendants is too uneasible and unreasonable.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and it is so decided as per Disposition under Article 364(4) of the Criminal Procedure Act.

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