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(영문) 부산지방법원 2016.11.25 2016노3248
상해
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 (a fine of KRW 3 million against Defendant A, and a fine of KRW 2 million against Defendant B) declared by the lower court to the Defendants is too uneasible.

2. The crime of this case on the basis of the following facts: Defendant A suffered damage to the victim B of this case’s scambling and scambling injury; Defendant B inflicted an injury on the victim A, which requires two weeks of medical treatment; Defendant B suffered from the victim of this case’s bodily injury, such as two open scambling circumstances requiring two weeks of medical treatment; Defendant A committed a violent crime; Defendant A was sentenced to four times of imprisonment, five times of suspended execution, and ten times of fine; Defendant B had the records of criminal punishment on one occasion of suspended execution and nine times of fine; and Defendant B had the records of criminal punishment on nine times of fine, etc., it is deemed that the Defendants need to bear strict liability corresponding thereto.

However, in full view of the following: (a) the Defendants led to the confession of all the crimes of this case and reflect their mistakes in depth; (b) the Defendants did not want punishment against the other party by mutual consent; and and (c) other various sentencing conditions as shown in the arguments of this case, including the Defendants’ respective ages, careers, character and conduct, environment, motive and background of the crimes, method and consequence of the crimes; and (d) the means and method of the crimes and the circumstances after the crimes, etc., the sentence imposed by the lower court on the Defendants appears to be appropriate; and (c)

Therefore, the Prosecutor’s above assertion against the Defendants is rejected.

3. The appeal against the Defendants by the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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