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(영문) 서울중앙지방법원 2015.09.04 2015노2637
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. (1) As to the violation of the Punishment of Violences, etc. Act (joint injury) by mistake of facts, the Defendant is a civil fact of S, etc., but there is no fact of drinking.

(2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts, the defendant can be sufficiently recognized that the defendant inflicted injury on the victim Q, S, and W in collaboration with H, K, L, and person in poor name, and the defendant is liable in light of the legal principles of joint principal offender.

The defendant's assertion of mistake is without merit.

B. In this case, the Defendant’s assertion of unfair sentencing against the Defendant and the prosecutor’s assertion of unfair sentencing is an act of assaulting the police officers who had been prohibited from entering the Korea Buddhist C General Office in collaboration with other accomplices to obstruct the performance of official duties, and an act of assaulting four winners who had been on board the Korea Buddhist C General Office and inflicted an injury upon them in view of the content and circumstances of the crime. The Defendant committed a crime of extremely poor quality of the Defendant in light of the content and circumstances of the crime. The Defendant committed a crime of violation of the Punishment of Violences, etc. Act (joint injury) on December 4, 2012, a fine of one million won, a fine of two million won on September 5, 2013, and a violation of the Punishment of Violences, etc. Act (joint assault) on August 7, 2014, and a crime of violation of the Punishment of Violences, etc. Act (joint assault) for a period of suspension of execution and three million won on March 27, 2015.

On the other hand, the defendant is only aware of the violation of the Punishment of Violences, etc. Act (joint injury) and there is no fact about drinking, and most of the facts constituting the crime are led to confession.

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