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(영문) 수원지방법원 2015.01.22 2013노1869
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment of the lower court (a fine of two million won) against the Defendants is too unreasonable.

Judgment

Defendant

A is an initial crime, and Defendant B has no specific criminal power except for those sentenced twice to a fine in this previous section; Defendants confession and reflect the facts charged in this case; and the extent of the Defendants’ participation in the instant crime is minor.

However, the crime of this case was committed jointly by the Defendants, and it cannot be deemed that the Defendants invaded into the apartment management office, interfered with the entrance door of the above office glass, interfered with the removal, and assaulted or threatened many victims, and the nature of the crime cannot be deemed to be negligible.

In addition, in full view of all the sentencing conditions in the instant case, including the balance with the sentencing in the same kind of case, and the sentence imposed on accomplices, such as the age, character and conduct, home environment, living attitude, and circumstances after the crime, the lower court’s sentence cannot be deemed to be excessively unreasonable.

In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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