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(영문) 대구지방법원 2016.04.27 2015노3355

폭력행위등처벌에관한법률위반(공동상해)

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All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (a fine of one million won, a fine of one million won, and a fine of five hundred thousand won) is too uneased.

2. The judgment of the Defendants, in light of the fact that the Defendants, while under the influence of alcohol, breathed the victims who were drinking in the next place of the restaurant, and assaulted, the crime’s quality is not weak.

However, the Defendants recognized the crime of this case and were in violation of their depth and agreed with the victims.

In addition, the Defendants are the first offender with no criminal history.

In addition, in full view of various sentencing conditions, including the Defendants’ age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the situation before and after the crime, the lower court’s punishment is too unfeasible and unreasonable even if considering the various circumstances asserted by the prosecutor.

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