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(영문) 수원지방법원 2020.01.09 2019노5434
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

Reasons

1. The summary of the reasoning of the appeal is unreasonable because each of the punishments (a fine of two million won is imposed on the Defendants A, and a fine of three million won is imposed on the Defendants B) against the Defendants in the lower judgment.

2. The crime of this case is a minor issue, and the defendants committed an assault against the victim jointly with the victim C and his name in light of the method and content of the crime, etc., the quality of the crime is poor; the defendant A had a record of receiving a juvenile protective disposition on June 5, 2017 due to the same crime; the defendant B committed the crime of this case without being aware of it during the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act (joint injury). However, the court below seems to have determined the punishment in consideration of all the above sentencing factors.

In full view of the following circumstances: (a) the Defendants led to the confession of the commission of crime; (b) the Defendants did not want the punishment of the Defendants; (c) the extent of assaulting the victims was not serious; and (d) the Defendants’ age, career, character and conduct, environment, motive, means and consequence of the crime; and (e) the various sentencing conditions stated in the instant pleadings, including the circumstances after the crime, are deemed unreasonable as the respective sentences of the lower judgment are too uneasible.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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