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(영문) 수원지방법원 2015.05.06 2014노4225
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The Prosecutor’s Grounds for Appeal against the Defendants in summary of the Reasons for Appeal (the Defendant A’s fine of KRW 5 million, Defendant B’s fine of KRW 1 million) is too uneased and unreasonable.

2. The crime of this case requires a strict punishment of the Defendants in light of the following: (a) the Defendants jointly assaulted the victims for about four weeks to receive injury necessary for medical treatment; (b) the nature of the crime is not good in light of the background, method, degree of damage, etc. of the crime; (c) the Defendants did not agree with the victims; and (d) Defendant A had a record of criminal punishment several times due to the violation of the Punishment of Violences, etc. Act and the crime of injury.

However, in full view of all the circumstances, including the Defendants’ age, character and conduct, environment, family relationship, motive, means and consequence of the crime, the sentence of the lower court against the Defendants cannot be deemed to be unfair because the sentence of the lower court against the Defendants cannot be deemed to be too unreasonable, on the ground that the Defendants cannot be deemed to be too unreasonable, considering the following factors: (a) Defendant A deposited KRW 3 million for the victims; (b) there was no history of criminal punishment after November 2006; (c) Defendant B did not have any record of criminal punishment for the same kind of crime; and (d) Defendant B did not have any record of criminal punishment after January 2005; and (b) Defendant B did not have any record of criminal punishment for the same kind of crime; and (c) the degree of participation in the crime in the instant case

3. Accordingly, 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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