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(영문) 서울북부지방법원 2016.05.13 2015노2029

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor appealed for the reason that the sentence of the court below is too weak.

When considering various sentencing factors indicated in the prosecutor’s petition of appeal, statement of reasons for appeal, and other records of trial, the lower court’s punishment is in the relationship between the crime of injury and the crime of interference with the execution of official duties, and in the situation where the special crime of violence is in the relationship of concurrent crimes, compliance with the sentencing criteria for violent crimes, and it cannot be deemed that the lower court’s punishment is uneasible and unfair.

The prosecutor's appeal without holding any pleadings pursuant to Article 364 (5) of the Criminal Procedure Act shall be dismissed.