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(영문) 수원지방법원 2017.09.01 2016노9120
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing): The sentence of the lower court (Defendant A: two years of the suspended sentence of ten months, the observation of protection, the community service order 120 hours, the probation of one year, the observation of protection, the community service order 120 hours, the defendant C: the suspended sentence of eight months, the probation of two years, the observation of protection, and the community service order 120 hours) is too uneased and unreasonable.

2. In light of the motive, method of crime, degree of injury inflicted on the victim, possibility of recovery of the victim, the Defendants’ liability to commit the crime in this case is not minor.

However, the defendants led to the confession of their crimes and reflects on the defendant B, and the defendant B agreed with the victim at the court below. The defendant A and C agreed to borrow the letter from the victim at the court below, the defendant's age is still the first offender, and all of the sentencing conditions such as the defendants' character and behavior, environment, the background and degree of participation in the crime of this case, and the circumstances before and after the crime are considered, the punishment imposed by the court below against the defendants is appropriate, and the sentencing of the court below is too uneasible and unfair.

Therefore, this part of the prosecutor's argument is without merit.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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