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(영문) 인천지방법원 2017.06.16 2016노3553
폭력행위등처벌에관한법률위반(공동폭행)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds for appeal (the fines of three million won for each of the defendants) is too unfasible and unfair.

2. The Defendants, even though they had been subject to punishment several times for violence-related crimes, and even under the influence of alcohol, assaulted the victims jointly on the ground that the victim, who is the main agent of the Defendant A, was prevented from smoking tobacco in the main place.

Although the victim appears to have suffered a considerable mental or physical shock due to the instant crime, the Defendants did not receive any melt from the injured party.

Such circumstances are disadvantageous to the Defendants.

On the other hand, the defendants recognized the crime of this case and against their mistakes, and deposited 80,000 won for the victims at the court below.

It seems that the crime of this case appears to have been committed in a somewhat contingent state under the influence of alcohol.

Defendant

A has no criminal record, and Defendant B has no record of having been sentenced to imprisonment or heavier punishment.

Such circumstances are favorable to the Defendants.

In full view of the following circumstances: (a) the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, it cannot be deemed that the sentence imposed by the lower court is too unfasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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