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(영문) 광주지방법원 2016.11.02 2016노858
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the court below against the Defendants (the fine of two million won for each of the Defendants B, A, Defendant C: the fine of one million won for each of the Defendants) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. The Defendants did not agree with the victim or endeavor to recover damage.

Defendant

A is not in good quality to display a steel-resistant sign, which is a dangerous object, and is not in good quality.

This is disadvantageous to the Defendants.

On the other hand, the defendants recognize all of their mistakes and are against their depth.

This case seems to have occurred by contingency in the process of holding an assembly opposing the F's contract direction for certain business affairs, and the degree of damage is relatively heavy.

In addition, considering that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, comprehensively taking into account various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendants’ age, character and conduct, and environment, the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendants and the Prosecutor’s arguments are without merit.

3. As such, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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