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(영문) 창원지방법원 2016.01.27 2015노2341
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 10 million) that the lower court pronounced on the Defendants is too uneasible.

2. Although the Defendants had the record of punishment for the same and similar criminal acts, and there were unfavorable circumstances such as the Defendants committed each of the crimes of this case even during the repeated crime resulting therefrom, the Defendants led to confession and reflect, and there is no special reason to change the sentencing after the sentence of the lower judgment was rendered, and considering the Defendants’ age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing conditions indicated in the instant records and arguments, such as the Defendants’ age, sex, behavior, environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed to be unfair since each of the Defendants’ punishment was excessively uneasible.

Therefore, each prosecutor's argument about sentencing is without merit.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

1. As to the facts of the crime, “each Act on the Punishment of Violences, etc.” in the pertinent provision of the Act on the Punishment of Violences, etc. shall be corrected to “each former Act on the Punishment of Violences, etc. (Amended by Act No. 13718, Jan. 6, 2016).”

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