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(영문) 울산지방법원 2017.04.13 2016노1945
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

All appeals filed by the Defendants B and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant B (7 million won in penalty) is too unreasonable.

B. The lower court’s sentence imposed on the Defendants (Defendant A: fine of KRW 7 million, Defendant B: the same as the above) is too uneasible and unreasonable.

2. Unfavorable circumstances: The nature of the instant crime is poor.

The degree of injury suffered by the victim H is relatively more severe.

The favorable circumstances: The defendants showed the attitude of reflecting the crime of this case.

In the lower court, the Defendants agreed with the victim H and thereby the victim H were not subject to punishment against the Defendants.

There is no history of criminal punishment against the Defendants.

In full view of the aforementioned unfavorable circumstances, including favorable circumstances, the Defendants’ age and character environment, the relationship to victims, the motive and consequence of the crime, and the circumstances after the crime, etc., as a whole, the sentence imposed by the lower court to the Defendant A is too uneasy, and thus, it is not recognized that the sentence imposed by the Defendant B is too heavy or unreasonable.

3. Conclusion, the appeal against the Defendants by the Defendants B and the Prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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