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(영문) 대전지방법원 2017.09.06 2016노3457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below is an unfavorable circumstance where the crime of this case was committed by assaulting and injuring the victims without any particular reason, and the nature of the crime is not good, the three times punishment was imposed due to violent crimes, and it appears that the victims did not agree with the victims, and that the measures for recovery from damage were not taken properly.

However, it seems that the defendant recognized the crime of this case, rather than a little breathous and contingently committed the crime of this case, and the extent of assault and bodily injury is relatively significant.

It is advantageous to the fact that it is not visible.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, 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.

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