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(영문) 광주지방법원 2018.07.19 2017노3257
상해
Text

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

Reasons

1. The summary of the grounds for appeal (Defendant A: a fine of eight million won, Defendant B: a fine of four million won) of the lower court is too uneased and unreasonable.

2. The Defendants committed the instant crime even though they had a record of criminal punishment several times including the same crime, and accordingly, committed the instant crime at a disadvantage.

On the other hand, there are more favorable circumstances such as the fact that the defendants recognize and reflect their mistakes, and the degree of injury inflicted on each other seems to be relatively heavy, and mutual agreement is reached.

In addition, comprehensively taking account of the following: the Defendants’ age, sex, environment, family relationship, and motive for committing the crime, and various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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