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(영문) 대구지방법원 2019.11.21 2019노1503

폭력행위등처벌에관한법률위반(공동폭행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. The Defendant, who has been punished several times as a judgment violent crime, committed the instant crime again during the period of repeated crime according to a special injury crime.

The defendant was unable to receive a letter from the victim or to agree with the victim.

However, the defendant recognizes his mistake and reflects his fault.

The degree of violence between the defendant and B is not much serious.

Defendant is currently detained and is tried as a violation of the Punishment of Violences, etc. Act (joint injury).

(Seoul District Court Decision 2019Kadan4570). In addition, comprehensively taking account of the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (b) circumstances that are conditions for sentencing as indicated in the present arguments and records, such as the circumstances after the Defendant was sentenced to the lower judgment; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and

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