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(영문) 창원지방법원 2020.04.24 2019노2267
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

All appeals filed against C and Prosecutor A and E are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C1) The Defendant C was in the state of mental disability at the time of the instant crime. (2) The sentence of the lower court sentenced Defendant C with respect to an unreasonable sentencing (a fine of KRW 4 million) is too unreasonable.

B. The punishment sentenced by the prosecutor to Defendant A and E (a fine of 5 million won) is too unhued and unfair.

2. Judgment on Defendant C’s assertion

A. In light of the motive and background of the instant crime, the process of the instant crime, Defendant C’s behavior immediately after the instant crime, and Defendant C’s statement attitude in the investigative agency, etc. acknowledged by the record as to the assertion of mental and physical disability, it does not seem that Defendant C did not seem to have lacking the ability to discern things at the time of the instant crime, and thus, Defendant C’s assertion of mental and physical disability is without merit.

B. Defendant C’s crime of determining the allegation of unfair sentencing is that Defendant C’s act of causing an injury to the victims by continuing to go beyond the victim B and continuing to go beyond the victim B while making a dispute with the victim B who was drinking together, and the case is not easy.

Defendant

C has a record of criminal punishment several times, including punishment of a fine for violent crimes.

However, it seems that the victims suffered injury is relatively not severe, and the defendant C is against the time of the above crime, and only agreed with the victims.

Defendant

C There is no history of punishment exceeding a fine.

In full view of the above circumstances and all the sentencing conditions as shown in the arguments, such as Defendant C’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court to Defendant C is too unreasonable.

Therefore, Defendant C’s assertion of unreasonable sentencing is without merit.

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