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(영문) 대전지방법원 2016.10.13 2016노1213

폭력행위등처벌에관한법률위반(공동상해)

Text

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

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendants (e., the suspended sentence of a fine of 4 million won, Defendant B: the suspended sentence of a fine of 2 million won) is too uneased and unreasonable.

2. The fact that the nature of the crime of this case is not good is unfavorable to the Defendants; however, the Defendants led to the confession of the crime of this case; the victim J does not want to punish the Defendants; the victim I stated in the lower court that the Defendants did not want to punish the Defendants; the Defendants did not have any record of criminal punishment; and the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendants cannot be deemed unfair. Thus, the prosecutor’s allegation of unfair sentencing 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.