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(영문) 서울남부지방법원 2017.03.31 2016노2484
특수상해등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (Defendant A: 1 year of imprisonment, Defendant B: 5 months of imprisonment, 1 year of suspended sentence, and Defendant C: fine of 3 million won) is too uneased and unreasonable.

B. The sentence imposed by the lower court by Defendant A is too unreasonable.

2. In full view of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below on the defendants is deemed appropriate, and it seems unfair because it is too heavy or too harsh. Thus, the defendant A and the prosecutor's assertion are without merit.

3. In conclusion, the appeal by the defendant A and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal by the defendant A and the prosecutor are without merit. It is so decided as per Disposition.

However, among the facts constituting the crime of the judgment below, the name "J" in the English name of the victim G is "A", and Article 2 (2) 1 and Article 257 (1) of the Punishment of Violences, etc. Act applies to the joint injury in the application of the statutes, "Article 2 (2) 3 and Article 257 (1) of the Punishment of Violences, etc. Act" is obvious that it is a clerical error in each of "Article 2 (2) 3 and Article 257 (2) 1 of the Punishment of Violences, etc. Act". Thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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