beta
(영문) 대전지방법원 2017.05.18 2016노3191 (2)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is that each sentence of the lower court (two years of suspended execution, observation of protection, community service order 120 hours in June, two years and six months of imprisonment, three years of suspended execution, observation of protection, community service order 120 hours in June, Defendant L, and N: one year and eight months of suspended execution, two years of probation, observation of protection, and community service order 120 hours in August, respectively) against the Defendants is too unreasonable.

2. In light of the circumstances and methods of the crime of this case, the defendants' confession and reflect against the crime of this case, and the judgment of the court below [2016 order 32] The defendants agreed with the investigative agency about the crime of this case with AF. The defendants agreed with AR, Q, AT, AP, and AS at the court of the court below, and the victim AF stated that they do not want punishment against the defendants in the court of the court below. [2016 order 40] of the court below's decision of the court below, the defendants K, L, N agreed with AZ, and N agreed with AZ as to the crime of this case. The defendants K, K, and M agreed with AZ, and the balance with the case where the judgment was passed at the same time as the crime stated in the record of the crime of this case in which the judgment of the court below became final, the defendants' age, sex, environment, motive, means, result of the crime of this case, etc. are not unfairly justified, and thus, the prosecutor's assertion of sentencing against the defendants is not justified.

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

참조조문