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(영문) 인천지방법원 2016.06.24 2016노788

폭력행위등처벌에관한법률위반(공동상해)등

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unreasonable because it is too unfasible to the defendant (one year and six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service).

2. Although the nature of the crime is not good in light of the content of the crime, the degree of injury of the victims, etc., the defendant recognized the facts of the crime, and is in depth divided, the defendant deposited a total of KRW 20 million in the original judgment for the victims of the injury together with the co-defendants, and the defendant was punished once for the same crime, but he was punished by a fine for a relatively long time, and there was no record of punishment of imprisonment without prison labor or heavier, and the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime, etc., the lower court's punishment is too minor.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.