(영문) 대전지방법원 2013.03.27 2012노2192 | 리걸엔진

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(영문) 대전지방법원 2013.03.27 2012노2192

폭력행위등처벌에관한법률위반(공동상해)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., in a case where the instant crime was committed by an accomplice who actively participated in causing enormous injury to the victim, and in light of all circumstances such as the serious fact that the crime was committed, the lower court’s punishment (e.g., a fine of two million won (or a fine of six months) against the Defendant is too uneased and unfair.

2. The Defendant, without any reason, took part in the crime of assaulting the victim E (the 19-year old) who is a tree brut producer, and took part in the crime of assaulting the victim E (the 19-year old age), and took part in the victim's face, and took part in the crime of accomplice who assaults the victim, which is a dangerous object, and took part in the crime of assaulting the victim, for approximately two weeks of treatment, there is a significant reason for the crime to be uneasible, and there is also the Prosecutor's assertion that the Defendant should be punished against the victim, considering the fact that the assaulting the cigarette butt that the victim frut face without any reason is bad, and the nature of the crime is bad.

However, in full view of the following circumstances: (a) the degree of the defendant’s participation in the crime of this case is not significant; (b) the defendant committed the crime of this case and divided his mistake while the defendant was committed; (c) the victim and the victim were smoothly agreed in the course of the investigation; and (d) there was no previous conviction other than the two different types of fines; and (e) other circumstances that form the conditions for sentencing as indicated in the records, such as the defendant’s age, character and conduct, environment, background of the crime of this case; and (e) the circumstances before and after the crime of this case, the lower court’s punishment against the defendant seems to be reasonable

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

참조조문

-형사소송법 제364조 제4항

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