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(영문) 청주지방법원 2018.05.25 2017노1526
상해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of sentence (a fine of one million won is imposed on Defendant A, a fine of one million won is imposed on Defendant B, and a fine of five hundred thousand won is imposed on Defendant D: the suspended sentence of a fine of three hundred thousand won) by the Defendants who committed a non-discriminatory collective assault against the victim is too undiscriminatory and thus is unreasonable.

2. It is recognized that the Defendants did not receive a letter from the injured party.

However, the crime of this case occurred in the street, where the defendant and the injured party reside in the apartment house with a voting letter for the dismissal of the representative of the apartment tenant representative of the defendant and the injured party, and the defendant A and the injured party met with each other at the site, and the remaining defendants resisted the acts of the victim in the surrounding area and committed minor physical contact with each other, such as the prosecutor's assertion that the fighting began, and the rest of the defendants did not constitute a non-discriminatory group violence against the victim. There are considerable parts of the defendants' mistakes such as the defendant's act of fighting in this case, giving the causes of fighting in this case, etc., the defendants confession and reflect in depth. The defendant A is the first offender and the defendant B is the first offender, and the defendant Eul is not guilty of the defendant's age, character, environment, motive, means, result, etc. of the crime, the punishment of the court below against the defendants is too unfair, considering the conditions of sentencing as stated in the argument of this case, such as punishment after the crime.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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