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(영문) 부산고등법원 2017.01.26 2016노774
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, four years of suspended execution) of the lower court is too heavy or unreasonable;

2. In full view of the factors and sentencing guidelines revealed in the sentencing hearing of the lower court, the lower court’s sentencing judgment that deemed the primary sentencing factor, including the nature of the instant crime, the accused’s self-denunciation and withdrawal from the criminal organization, the details of the relevant accomplice’s punishment, the agreement with the injured party by assault and the victim’s sking, etc., as the primary sentencing factor, exceeded the reasonable bounds of the lower court’s discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).

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