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(영문) 인천지방법원 2017.06.09 2017노957
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the instant facts charged against the Defendant claiming a misunderstanding of facts, the lower court rejected the credibility of the victim E’s statement at investigation agencies and courts on March 22, 2014 on the part of the violation of the Punishment of Special Bodily Injury, and the Punishment of Violences, etc. Act (joint assault) and the violation of the Punishment of Violences, etc. Act (joint confinement) against the Defendant on March 22, 2014. However, the lower court erred by misapprehending the facts affecting the conclusion of the judgment.

B. The sentence that the court below sentenced to the defendant (one million won in penalty) is too unfluent and unfair.

2. Determination

A. The lower court’s determination on the assertion of misunderstanding of facts is insufficient to provide proof as to the part of the instant charges regarding special injury, violation of the Punishment of Violences, etc. Act (joint assault) among the facts charged, and violation of the Punishment of Violences, etc. Act (joint confinement) on March 22, 2014, solely with the evidence submitted by the prosecutor, while explaining the grounds for determination in detail.

In light of the foregoing, each not guilty verdict was pronounced.

In light of the evidence duly adopted and examined by the court below and its reasoning, the above judgment of the court below is just.

Therefore, the prosecutor's assertion that the judgment of the court below as to each of the above facts charged is erroneous is without merit.

B. There is no change of circumstances that may be considered in sentencing after the judgment of the court below regarding the unfair argument of sentencing, and considering the conditions of sentencing as indicated in the records and arguments of this case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the sentence of the court below is too uneasible and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure).

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