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(영문) 부산지방법원 2014.07.03 2014노1402
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case was committed by the Defendants by assaulting the victims who jointly speaked in fighting, and the crime of this case was committed by the victims of relatively heavy injuries, such as the prevention of the victim’s treatment for about four weeks, and the removal of the floor, which is disadvantageous to the Defendants.

However, in full view of the following factors: (a) the Defendants have led to the confession of all of the instant crimes and the misunderstanding of their mistakes; (b) the Defendants wanted to compensate for the damage of the victim and agreed to do so; (c) Defendant A did not have any history of criminal punishment; and (d) Defendant B did not have any specific means of punishment, other than once the indictment is suspended; and (c) Defendant B did not have any specific means of punishment, including the Defendants’ age, character and conduct, motive for the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are all the same as the entries in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act

1. Article 62(1) of the Criminal Act for a suspended sentence (i.e., circumstances favorable to the Defendants among the grounds for reversal in the preceding order);

1. Article 62-2 of the Criminal Act of each community service order;

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