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(영문) 대구지방법원 2013.08.22 2013노284

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal by the Defendant’s criminal history, etc., the penalty imposed by the lower court (three million won of a fine) is too uneased and unreasonable.

2. The fact that the victims of the judgment did not suffer from severe injury, that the defendant had been convicted of multiple times including punishment by violence, and that the defendant did not know about during the suspension of execution due to robbery, injury, etc. and led to the crime of this case, which is disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant generally recognized the mistake of the Defendant; (b) the victim E and F, which became the starting point of the instant case, there are some points to consider the background of the instant crime; (c) the Defendant appears to have committed the instant crime by contingently under the influence of alcohol; (d) the Defendant and F, in the process of the instant fighting, recognized the fact of the victim E in addition to the Defendant and F, and recognized the possibility of the victim E’s injury; and (c) it is difficult to exclude the possibility of the victim E’s injury; and (d) the victim E agreed smoothly with the victim E, the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, and environment, do not deem that the sentence imposed by the lower court is unreasonable

The prosecutor's assertion is without merit.

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.