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(영문) 울산지방법원 2014.07.04 2014노222
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, each sentence (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 1.5 million) sentenced by the court below to the Defendants is too uneased and unreasonable.

The crime of this case was caused by the conflict between the J union members and the International Trade Union members. As a result, it is difficult to regard the collective violence situation as a single group, but it was not intended in advance. The Defendants deposited KRW 21.8 million for the purpose of causing damage, and the Defendants accepted the decision of recommending reconciliation in civil litigation and paid KRW 34.3 million to the victims. The Defendants participated in the crime of this case as ordinary members by contingently taking into account the following factors: the Defendants’ age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., and all of the sentencing conditions, such as the punishment of the Defendants, the lower court is deemed to have rendered a proper sentence consistent with the criminal liability of the Defendants. Thus, the Prosecutor’s assertion of unfair sentencing is not acceptable.

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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