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(영문) 인천지방법원 2015.08.21 2015노1146
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The summary of the grounds for appeal (for Defendant A: a fine of 4 million won, Defendant B: a fine of 3 million won) of the lower court is deemed to be too uneasible and unfair.

2. The Defendants may have the record of criminal punishment for the same crime. Defendant B had been placed in the place of probation for the same crime before committing the instant crime, but committed the instant crime without being aware of it during the period of probation, and Defendant A did not agree with the victim F until the time of the trial.

However, in full view of the following facts: (a) the Defendants led to the instant crime; (b) the lower court agreed to the Defendant only with the victim D; (c) the victim F’s injury is relatively minor; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendants’ age and happiness environment; and (b) the circumstances before and after the instant crime, the lower court’s punishment against the Defendants is too uneasible and unreasonable.

3. If so, the Prosecutor’s appeal against the Defendants is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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