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(영문) 대구지방법원 2014.07.17 2014노170
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the lower court on the Defendants (A: a fine of two million won, a fine of one million won, a fine of one million won) is too uneased.

2. The Defendants committed the instant crime in spite of the fact that the Defendants had been punished several times due to the same kind of crime, and the Defendants jointly committed the instant crime, and the nature of the crime is not weak in that the Defendants inflicted bodily injury on the victim.

However, the Defendants did not repeat the crime of this case in light of their depth.

The degree of injury of the victim is minor, and the victim has not been punished for the defendants by mutual consent with the defendants.

In addition, examining all the sentencing conditions as shown in the records and arguments, such as the age, character and conduct, environment, motive and background of the crime, degree of participation by the defendant B, and degree of the exercise of violence, etc., the lower court cannot be deemed unfair because the punishment imposed on the defendants is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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