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(영문) 대전지방법원 2017.02.09 2016노2869
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the Defendants (in case of Defendant A: fine of three million won; fine of four million won for Defendant B; fine of four million won for Defendant C; and fine of two million won for Defendant C).

2. The fact that the nature of the instant crime is not good is unfavorable to the Defendants; however, the Defendants were led to the confession of the instant crime; the Defendants agreed with the victim H and I; the Defendants appear to have an opportunity to expect improvement of character and behavior as their age; the Defendants did not have any history of criminal punishment; and the Defendants’ age, sex, sex, environment, motive, means and consequence of the instant crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., are deemed unfair since the lower court’s punishment against the Defendants is too uneasy and unfair. Therefore, the Prosecutor’s unjust assertion of sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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