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(영문) 수원지방법원 2016.07.06 2016노540

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (6 months of imprisonment, 2 years of suspended execution, 2 years of forfeiture) is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted at the trial court, and in full view of the following circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not seem to deviate from the reasonable scope of discretion, as it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.