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(영문) 대구지방법원 2017.12.07 2017노2188 (1)

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant, in collaboration with the victim A, who is in a trial with the victim, commits an injury by assaulting the victim, causing a shoulderer who is a dangerous object, and has committed an offense against the victim, in light of the method of crime, danger, etc.

Although the defendant has already been subject to criminal punishment once and twice juvenile protective disposition for the same violent crime, there is a great degree of criticism in that he/she committed the crime of this case again and did not receive any compensation from the injured party.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is too uneasy and thus is unreasonable. In so doing, it is not recognized that the sentence imposed by the Defendant is too uneasible.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.