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(영문) 창원지방법원 2020.09.25 2019노2756
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendant A: fine of 2 million won, Defendant B: fine of 4 million won) is too unreasonable.

2. Determination

A. Each of the instant crimes against Defendant A is disadvantageous to the Defendant, inasmuch as the Defendant committed assault against the victims on two occasions, and the nature of the crime is not weak, and the Defendant was punished for violent crimes.

On the other hand, each of the crimes of this case is favorable to the defendant, with regard to the fact that the defendant committed each of the crimes of this case, against the mistake, against the victims, and the fact that each of the crimes of this case is agreed with the victims, with regard to the concurrent crimes under the latter part of Article 37 of the Criminal Act, with regard to the crime of false entry into public electronic records, etc

In full view of the above circumstances and other factors of sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too excessive and it cannot be deemed unfair. Thus, the Defendant’s assertion of unfair sentencing is without merit.

B. Each of the instant crimes committed against Defendant B is an unfavorable circumstance against the Defendant, inasmuch as the Defendant committed an assault or bodily injury to the victims together with his accomplices, and the nature of the crime is not weak, and the victims who suffered the injury are several persons, and the degree of injury is not minor.

On the other hand, the circumstances favorable to the defendant, such as the defendant's time to commit each of the crimes of this case, the fact that the defendant is against the mistake, the fact that the defendant agreed with the victims, and the fact that the defendant has been subject to juvenile protective disposition for violence-related crimes

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, after the crime is committed.

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