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(영문) 창원지방법원 2018.10.17 2016노2071
폭력행위등처벌에관한법률위반(공동상해)
Text

All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. The summary of the grounds for appeal [the sentence of the court below: the fine of two million won (Defendant A) and the fine of one million won (Defendant B, Defendant C, Defendant D, and Defendant E)]

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to 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 it.

B. The lower court, under the circumstances that the Defendants jointly and severally inflicted an injury on one of the victims, and the nature of the crime was not somewhat weak, determined a sentence by taking account of the favorable circumstances, such as the Defendants’ age, sex, environment, motive and means of the crime, and circumstances after the crime, etc., as well as various sentencing conditions shown in the records and arguments, such as the following: (a) the Defendants agreed with the victim; (b) the Defendants did not have any history of criminal punishment; and (c) the degree of the instant injury was minor; and (d) the sentence was imposed

(c)

The grounds for the lower court’s improper sentencing, as alleged by the Prosecutor, appears to have been sufficiently considered in determining the Defendants’ punishment, and otherwise changed the above sentencing conditions.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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

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