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(영문) 의정부지방법원 2015.05.29 2014노2887

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is too unfilled.

2. In light of the content, method, etc. of the instant crime committed by the Defendant, the circumstances unfavorable to the Defendant are recognized, such as the following: (a) the crime committed by the Defendant is not deemed to be inferior and minor in light of its content, method, etc.; (b) the punishment of fines for the same kind of crime has been imposed several times; and (c) the likelihood of criticism during the period of

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime and stated that his mistake is divided in depth; (b) the Defendant was a contingent crime; (c) the victim was not wanting to be punished by the Defendant through mutual compromise immediately after the police investigation; (d) the degree of injury to the victim was not relatively heavy; (c) the Defendant was indicted and was given an opportunity to reflect by means of prison life between the month in which he was detained; and (d) the Defendant’s age, character, conduct, intelligence and environment; (e) the motive, background, means and consequence of the instant crime; (e) the motive, means and consequence of the instant crime; (g) the circumstances after the crime was committed; and (g) family relationship and health conditions; and (e) the Defendant’s punishment imposed by the lower court is deemed to be unfair because it

3. In conclusion, the prosecutor's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.