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(영문) 부산지방법원 2013.07.26 2013노521
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. In light of the fact that A took part in assaulting and injuring a victim, and intimidation the victim, etc., and that the defendant again commits the instant crime even though he/she had been punished for the same kind of crime several times, etc., it is necessary to punish the defendant solemnly.

However, in light of various circumstances, such as the confession of the crime of this case from the court below to the court below, the defendant's participation in the crime of this case is minor and the degree of the defendant's participation in the crime of this case is not causing direct assault to the victim, the victim does not want the punishment against the defendant, and other circumstances, such as character, environment, age, motive and circumstance of the crime, means and consequence of the crime, the punishment imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc. and Article 257 (1) of the Criminal Act;

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