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(영문) 서울북부지방법원 2015.08.21 2015노518
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal ( ① Defendant A: 1 year and six months of imprisonment; 3 years of suspended execution; 120 hours of community service order; 2. Defendant B: imprisonment with prison labor for one year; 3 years of suspended execution; and 80 hours of community service order) that the court below sentenced the Defendants are too unfasible and unfair.

2. According to the judgment, even though the parking lot managed by the victim was land owned by others and illegally changed the form and quality of the parking lot, the defendants jointly and damaged glass and coffees at the victim's parking lot office and obstructed the victim's parking lot business by force by using four persons, including F, etc. Furthermore, the crime quality is poor, Defendant A has been punished several times due to violence, etc., and Defendant B had a record of punishment several times including that sentenced to a suspended sentence of 2 years due to obstruction of performance of official duties in this court on September 25, 2014. However, strict punishment should be imposed on the defendants. On the other hand, the defendants recognized the crimes of this case from the court below to the trial court, and violated all of the crimes of this case, and the defendants did not have assault or injured victims during the crime of this case, and the defendants did not have any influence on the victim's health during the prosecution process of this case, and there is no other evidence that Defendant A had to receive the victim's consent to the treatment of the victim and the victim's health conditions of this case.

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

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