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(영문) 대전지방법원 2017.02.02 2016노2908

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (a prison term of 10 months, a suspended sentence of 3 years, a observation of protection, and a community service order of 80 hours) is deemed unreasonable.

2. In light of the method and form of the instant crime, etc., the fact that the nature of the crime is not good is unfavorable to the Defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstance before and after the crime was committed, the Defendant’s sentence against the Defendant is too uneasy and unfair, and thus, the Prosecutor’s assertion is without merit. Thus, the Prosecutor’s assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 25(1) of the Regulations on the Punishment of Violences, Etc. (amended by Act No. 13718, Jan. 6, 2016). However, “a copy of each police interrogation protocol against C and H” of Article 3 of the Decree on the Punishment of Violences, etc. (amended by Act No. 12896, Dec. 30, 2014); “a copy of each police interrogation protocol against C” of Article 25(1) of the Decree on the Punishment of Violences, etc. (amended by Act No. 13718, Dec. 30, 2014).