(영문) 부산지방법원 2013.12.06 2013노3320 | 리걸엔진

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(영문) 부산지방법원 2013.12.06 2013노3320

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The guilty portion shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (the two-year imprisonment, and the one-year imprisonment) is too unreasonable.

2. The Defendants’ crime of this case committed on the ground that a restaurant proprietor was faced with the face of the bar on the ground that he did not sell alcohol, and assaulted the taxi article on the ground that other customers had already taken the taxi on the ground that other passengers had already taken the taxi, and boomed the house with the main driver and the main employee by threateninging the main driver and the main employee at the single fel main office in the single bridge, destroying the box, interfered with the main business, and interfered with the main employee's business, and booming the main employee's violence against the main employee (defendant A), and in collaboration with the JJ, the main employee was pushed into the main employee's face, interfered with the main employee's business by avoiding disturbance, interfered with the operation of the main employee's b, and the number of times of the crime committed on the ground that many of the two major criminal offenders, including the Defendant's imprisonment with prison labor, and the same legal interests and interests as those of the two major criminal offenders, including the Defendant's imprisonment with prison labor.

However, considering the fact that the Defendants appears to have committed the instant crime, the Defendants are recognized as all the instant crimes and reflectd, most of the Defendants agreed upon with the victims (excluding the victim P), Defendant A was able to live together and have difficulty in economic situation, Defendant A had a family member to support Defendant B, and all other circumstances constituting the conditions for sentencing, such as the Defendants’ age, environment, family relationship, occupation, etc., the sentence of the lower court is heavy.

Therefore, the defendants' arguments are justified.

3. In conclusion, the Defendants’ appeal is justified.

유사 판례

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