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(영문) 대전지방법원 2014.10.23 2014노1464
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by each fine of KRW 5,000,000.

The above fines are imposed by the Defendants.

Reasons

1. The summary of the grounds for appeal (for defendant B, 6 months of imprisonment, 2 years of probation and community service, 120 hours of probation and community service, 6 months of imprisonment, 2 years of probation, 120 hours of probation and community service) declared by the court below is too unreasonable.

2. The crime of this case is not deemed to be a good quality of the crime committed jointly by the Defendants, but it is found that the Defendants committed the crime of this case. However, the Defendants’ mistake and reflects the Defendants, and the Defendants deposited 700,000 won each to the victims in the court below, and the Defendants and the victims deposited 700,000 won each to the victims. The crime of this case was established in the court below, and accordingly, the civil conciliation (the Daejeon District Court 2014Gaso8287) was established to the extent that the Defendants paid the above amount to the victims and the damages were recovered to a certain extent. Accordingly, the Defendants’ parents want to pay the above amount to the extent, the degree of damage is deemed to have been recovered, the parents of the Defendants wanted to take the guidance of the Defendants, and the Defendants wanted to take the front offender without any criminal history, the Defendants’ age and age, and in full view of various sentencing conditions prescribed in Article 51 of the Criminal Act, such as character, environment, motive, means and consequence of the crime before and after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except for correcting “No. 27, 2013” in the facts constituting an offense of the lower judgment as “No. 26, 2013.” as “No. 26, 2013.” As such, it is identical to the corresponding column of the Criminal Procedure Act; and

Application of Statutes

1. Article 2 (2) and Article 2 (2) of the Punishment of Violences, etc. Act concerning the relevant criminal facts and the punishment of selective punishment;

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