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(영문) 부산지방법원 2014.02.21 2013노3874
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of six million won.

The above fine is imposed against the Defendants.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (eight million won by each fine) is too unreasonable.

2. Determination

A. The Defendant A committed the instant crime, on the ground that human form was not extracted from a machine installed in front of the convenience store, was slicked with the machine. In light of the fact that the slicked with the machinery and the sound slicked with the victim F, an employee of the convenience store, who was at the convenience store, and slicked with the victim F, and slicked with the victim and slicked with B, who was at the convenience store, and slicked with the victim with the victim, who was at the convenience store. The victim G, who was at the second floor of the convenience store, slicked with the sound slicked, and slicked from the second floor of the convenience store, and obstructed the business of care for the victim of the instant crime by the said method, and there is no specific material to deem that the Defendant made efforts to recover damage to the victims of the instant crime, Defendant A’s strict punishment is necessary.

However, in light of various circumstances such as the Defendant’s character and conduct, environment, age, motive and circumstance of the offense, means and consequence, etc., the sentence imposed by the lower court is somewhat unreasonable, in view of the following: (a) the Defendant made confession of all of the instant crimes and reflects his mistake in depth; (b) the Defendant has no record of being sentenced to a fine or more severe punishment; and (c) and (d) other conditions for sentencing indicated in the record.

B. Defendant B committed the instant crime, as described in paragraph (1)(a) of the same Article, by combining the Defendant with the Victim F and Si expenses, and causing injury to the victim. The Defendant heard sound, and assaulted the Victim G, which was landed from the second floor of the convenience store building of the convenience store. Around 30 minutes of the instant method interfered with the convenience store business, and the nature of the crime is heavy, and the Defendant is serious.

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