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(영문) 광주지방법원 2016.10.25 2016노318

폭력행위등처벌에관한법률위반(공동상해)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for eight months of imprisonment, and probation) of the lower court is deemed to be too unhued and unfair;

(A) The prosecutor stated the opinion that the defendant should be punished by imprisonment with prison labor for a year and six months. 2. The judgment of the defendant was made on the following grounds: (a) the victim who is to move to another violent organization at night while working as a member of the violent organization was seriously abused the victim, such as leading the victims to the parking lot and using the rash and rashing technology; (b) the motive and background of the crime and the form of the act is extremely good; and (c) the victim was subject to juvenile protection transmission three times for the same crime.

However, the defendant's age is 20 years of age, agreed with some of the victims, and there is no history of imprisonment.

In addition, the parents of the defendant have led the defendant several times, and the defendant has withdrawn from the violent organization on November 2014 and expressed his will to live as a sound member of society at this court on several occasions, so the defendant will be able to take the action against the defendant only once.

In addition, considering all of the sentencing conditions in the instant case, it cannot be deemed that the sentence imposed by the lower court against the Defendant is too unreasonable.

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.