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(영문) 의정부지방법원 2016.04.19 2015노3445

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unfair sentencing) of the lower court’s sentence (700,000 won in 70,000 won) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable because the Defendant (unfair sentencing)’s sentence is too unreasonable.

2. Determination

A. It is recognized that the Defendant committed each of the crimes of this case during the period of repeated crime, repeatedly assaults the same victim to the extent that the nature of the crime is not good, and that the Defendant did not agree with the victim.

B. However, in full view of the following circumstances, comprehensively taking account of the fact that the Defendant led to the instant crime, the degree of damage caused by the instant crime, the minor degree of damage caused by the instant crime, the Defendant’s age, circumstances leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed too exceptionally or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.