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(영문) 수원지방법원 2015.09.18 2015노2909

폭력행위등처벌에관한법률위반(공동상해)

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

Reasons

1. The summary of the grounds for appeal (the defendant A: the fine of KRW 5 million; the fine of KRW 3 million) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have been committed by the Defendants by assaulting the victims without any particular reason, and the nature of the crime is poor; Defendant A committed the crime of this case even during the repeated crime period; Defendant B also committed the crime of this case; however, Defendant B had the record of having been punished for the same kind of crime, etc.; however, in full view of various circumstances, including the Defendants’ unfavorable circumstances or reflects the Defendants’ acknowledgement of the crime; the Defendants agreed with the victims; and the Defendants’ age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.