(영문) 부산지방법원 2013.05.09 2012노4033 | 리걸엔진

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(영문) 부산지방법원 2013.05.09 2012노4033

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The sentencing of the lower court (a fine of two million won) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below had the same criminal records as several times against the Defendants. However, the court below's sentencing is too unfair in light of the following circumstances: the young victims, who had drinking in the table table on the Defendants' side table, were sexually imprisoned to the Defendants; the degree of injury to the victims is minor; the Defendants were assaulted by the victims; the victims were physically divided into the victims; the victims have reached an agreement with the victims; the motive and background of the crime in this case; the circumstances after the crime was committed; the Defendant's age, character, conduct, and environment; and other various circumstances, which are the conditions for the punishment specified in the records and arguments in this case, such as the records and arguments.

3. In conclusion, 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 ruled as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and the selection of fines for each crime;

1. Defendants from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the aggregate amount of the two crimes is aggregated);

1. Defendants of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

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