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(영문) 대전지방법원 2015.10.21 2015노184
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

Reasons

1. The summary of the grounds for appeal (e.g., e., e., g., e., e., e., 5 million won) imposed by the lower court on the Defendants is too unflu

2. The crime of this case was committed during the period of repeated crime due to the crime of the same kind; Defendant A has a significant degree of assault committed by the Defendants; Defendant A has been sentenced to punishment once to a suspended sentence; Defendant A has been sentenced to a fine; Defendant A has been sentenced to a suspended sentence once to a fine; Defendant B has committed the crime of this case during the period of repeated crime; Defendant B has been sentenced to a suspended sentence once to a suspended sentence; Defendant B has been sentenced to a fine twice to a suspended sentence; Defendant B has been sentenced to a suspended sentence to a crime of the same kind; twice to a fine; twice to a suspended sentence

However, the defendants confession the crime of this case and reflect their mistakes, and the fact that the defendants agreed with the victim is favorable to the defendants.

In full view of the above circumstances and the circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the commission of the crime, the age of the Defendants, character and conduct, family relationship, environment, occupation, etc., as well as the conditions for sentencing as shown in the records and arguments, there is no change in circumstances to determine a different sentence between the original judgment and the original judgment. Thus, the Prosecutor’s allegation of unfair sentencing is rejected.

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

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