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(영문) 광주지방법원 2017.03.29 2016노4151
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the degree of Defendant’s participation in each of the instant crimes, the lower court’s punishment (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the evidence duly admitted and examined in the court below's judgment, there is no change in the sentencing conditions compared to the court below's judgment, and considering the various sentencing conditions shown in the records and arguments of this case, the court below's punishment seems unfair. Thus, the above assertion by the defendant and the prosecutor is without merit.

3. As such, all appeals filed by Defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition: Provided, That the part of “Article 2(2)3 of the Punishment of Violences, etc. Act” and Article 257(1) of the Criminal Act in the application of the lower judgment is as follows: (a) Articles 2(2) and 3 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 201); (b) Article 2(1)3 of the Criminal Procedure Act; (c) Article 2(1) of the former Punishment of Violences, etc. Act (amended by Act No. 1257(1)2 of the Criminal Procedure Act); and (d) Article 257(1) of the former Punishment of Violences, etc. Act (amended by Act No. 1286, Dec. 26, 201>

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