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(영문) 서울중앙지방법원 2015.09.18 2015노297
상해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The appellate court’s sentence (a fine of KRW 15 million, Defendant B: a fine of KRW 5 million) against the Defendants on the summary of the reasons for appeal is deemed unreasonable because it is too unfasible.

2. The crime of this case was committed by the Defendants by intimidation or assaulting the victim on the ground that the victim did not repay his obligation. In the case of Defendant A, the Defendants’ nature of the crime was very poor in light of the content and circumstances of the crime, and did not receive a letter from the victim, and the Defendants could receive a criminal record related to violence several times.

However, in full view of all the sentencing circumstances in the records, including the Defendants’ confessions of mistake, Defendant A’s depositions of KRW 20 million for the victim, Defendant B’s employee in the instant case, and the motive, means and results of the instant crime, and the Defendants’ age, character and conduct, environment, health conditions, criminal records, and circumstances after the instant crime, the sentence against the Defendants is too uneasy and unreasonable.

3. The prosecutor's appeal against the defendants is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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