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(영문) 인천지방법원 2020.05.15 2019노1968
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (a fine of seven million won, a fine of five million won, and a fine of five million won) is unreasonable.

2. The Defendants committed each of the instant crimes without being aware of the fact that all of the Defendants committed the instant crimes while under the suspension of execution is disadvantageous to the Defendants.

However, in light of various sentencing conditions in the instant records and pleadings, including the fact that there is no submission of new sentencing data about the Defendants in the trial, and there is no change in the sentencing conditions compared with the original judgment, and the Defendants appear to have an attitude to recognize and reflect the Defendants, and that the Defendants do not want the punishment against the Defendants by mutual injury victims, etc., even if considering the circumstances alleged by the Prosecutor as the grounds for appeal, the lower court’s sentence against the Defendants is too unreasonable.

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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