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(영문) 인천지방법원 2020.12.10 2020노553

폭력행위등처벌에관한법률위반(공동상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is too uneased and unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s liability for the punishment of the instant crime is not somewhat weak in light of the background, method, and consequence of the instant crime; (b) the victim’s injury is not much severe; (c) the Defendant’s primary offender who has no record of criminal punishment; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other circumstances constituting the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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