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(영문) 창원지방법원 2015.08.11 2015노860
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment (the fine of 4 million won for each of the defendants) declared by the court below is too unhued and unreasonable.

2. The crime of this case is a case where the Defendants committed an injury requiring medical treatment for about five weeks in consideration of the victim, and the Defendants destroyed the content of the victim’s 429,000 won in total, as well as the cream and franc, etc., and the victim did not reach an agreement with the victim up to the trial, and the degree of the victim’s injury is not weak.

However, in full view of the fact that the Defendants recognized the crime of this case as well as the mistake, additionally deposited KRW 2 million in the trial, and deposited KRW 7 million in total so far, the Defendants did not have any record of criminal punishment so far, Defendant A was admitted to a high school of 3 years and Defendant B’s university, etc., taking into account the circumstances favorable to the Defendants, as well as other circumstances that are conditions for sentencing and sentencing as indicated in the arguments and records of this case, such as the Defendants’ age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. The appeal by the prosecutor against the Defendants of the conclusion is dismissed in entirety as it is without merit. It is so decided as per Disposition.

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