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(영문) 부산지방법원 2013.09.05 2013노2067
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the suspended sentence of a fine of one million won against the defendant) is too unfluent and unfair.

Judgment

In light of the circumstances that the Defendants denied the crime until the court below's decision, the Defendants were disadvantageous to the Defendants. However, considering the victim G, along with the victim's husband, the victim G, who is the victim's husband, forced her I to leave her child from the Defendant (the above H was subject to criminal punishment as a crime of injury by inflicting an injury on the victim's mother) and the process of seeking to take back I again before the operation, there are circumstances to consider it. Accordingly, Defendant A is a first offender; Defendant B and C are not subject to the same criminal power except the records of punishment for drinking driving; Defendant B and C do not have the degree of injury suffered; the victim G does not have any additional treatment such as hospitalization or surgery after the instant case; considering the circumstances where she had already been proved on kneeel, the victim's age and motive for the crime of this case cannot be seen as being too unfair, and the motive and circumstances of the crime of this case cannot be seen as being too unfair.

In conclusion, the prosecutor's appeal against the defendants 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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