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(영문) 광주지방법원 2020.10.08 2020노1804
특수상해등
Text

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

Reasons

1. The main sentence of the grounds for appeal is too unhued and unreasonable.

2. The Defendants are subject to retaliation between the group to which the Defendants belong and the victim group to which the Defendants belong, and the method of retaliation is very excessive, and there is no good quality of crime such as causing social inequality by making these actions open to the public, and the Defendants not only exercised violence against the victims but also committed the crime such as the price of the victims by inserting inserted words, etc. are disadvantageous to the Defendants.

On the other hand, the fact that the degree of injury suffered by the victim is not serious, that the victim does not want the punishment of the defendants when it comes to the immediate trial, that the defendants did not have any record of criminal punishment in Korea, that the defendants were to be forced to leave the country, and that the possibility of the defendants' participation in the additional retaliation crime is not high.

In addition, even if comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the Defendants’ age, character and conduct, motive of the crime, and circumstances after the crime, the lower court’s punishment is too unfasible and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is not accepted.

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

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