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(영문) 수원지방법원 2017.01.20 2015노7650

폭력행위등처벌에관한법률위반(공동상해)등

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (Defendant A20 million won, Defendant B B 16 million won) is too unied and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is a criminal record committed by the Defendants due to violent crimes, and Defendant A committed the instant crime during the period of suspension of execution for the same kind of crime, and the crime of the instant crime is not good.

However, in full view of the following circumstances: (a) the Defendants agreed with the victim and the victim did not want the punishment of the Defendants; (b) the degree of the Defendants’ participation in the commission of the crime appears to be unfilled compared to G; and (c) the Defendants’ age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime were committed, etc., the lower court’s punishment is too unfeasible and does not seem to have exceeded the reasonable scope of discretion.

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