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(영문) 서울서부지방법원 2014.02.06 2013노1257
재물손괴등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The prosecutor and the Defendants appealed all of the judgment of the court below on the ground that the summary of the grounds for appeal (e.g., a form of unfair) and the sentence (a fine of KRW 5 million, and a fine of KRW 3 million) are unreasonable.

2. We examine the judgment prosecutor and the Defendants’ grounds for appeal together.

Considering the fact that the Defendants had been punished several times as the same type of crime, and Defendant B had been in the period of repeated crime at the time of the instant crime, the Defendants need to be punished strictly.

However, the defendants recognized their mistakes and against themselves, and agreed with the victims of joint assault and damage to property of this case, etc. are favorable circumstances to the defendants.

In full view of the above circumstances and the Defendants’ age, character and conduct, environment, motive and background of the instant crime, and circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed to have exceeded reasonable bounds in the decision on sentencing, and cannot be deemed to have excessively lighted or heavy enough to deem that the sentence exceeded reasonable bounds in the decision on sentencing.

Therefore, the prosecutor and the Defendants’ assertion of unreasonable sentencing are without merit.

3. In conclusion, since both the prosecutor and the Defendants’ respective appeals are without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, if the "Violation of the Punishment of Violences, etc. Act (joint injury)" in Part 2, Section 13 of the judgment of the court below is corrected as "A. Violation of the Punishment of Violences, etc. Act (joint violence)".

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