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(영문) 수원지방법원 2017.03.24 2016노5444
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (2 million won by each fine) is too unreasonable.

2. The judgment of the Defendants and I is disadvantageous to the Defendants that the Defendants and I committed an offense, such as intrusion upon the victims’ residence in a planned manner, impairing the peace of the victims’ residence, and injuring the victims.

On the other hand, the following conditions are favorable.

This case is considered to have committed the mind that Defendant A did not look at children for a long time during the course of a divorce lawsuit and that Defendant A did not want to report them.

Defendants are primary offenders, and they are dissatising and dissatising their mistakes.

In the first instance, the victim G submitted a written application to the effect that the victim G does not want the punishment of the Defendants, and the building that is the victim G G's husband (the husband of the defendant A) submitted a written application to reduce the punishment of the defendant A.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the character and conduct of the Defendants, and various conditions of sentencing as shown in the records and arguments, such as the environment, etc., the lower court’s punishment is somewhat inappropriate and it is recognized that the Defendants’ assertion is unfair.

3. As the Defendants’ appeal is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the lower judgment is again determined as follows after pleading.

Criminal facts

Defendant

A had generated a F building (1 tax) between the building and the building of his spouse E.

E The E Building and Divorce were in the middle of a divorce lawsuit, and the R (W, 40 years of age) and R (W, 40 years of age) are growing F.

Defendant

B is the mother of Defendant A, and I (Withdrawal of a formal trial) is a wooder in B and A with the knowledge of it.

1. Joint crimes between the Defendants and I

A. Defendants and I, in violation of the Punishment of Violences, etc. Act (joint residence intrusion) at around 13:20 on June 10, 2015, J apartment at the time of light lighting, 708 Dong 705, and the victim G at the victim G.

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