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(영문) 서울중앙지방법원 2014.06.13 2013노4243
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The gist of the grounds for appeal is misunderstanding the legal principles (the judgment of the court below which rendered a suspended sentence against the Defendants even though the Defendants did not appear to meet the requirements for the suspended sentence, such as denying a crime, etc.) and unreasonable sentencing.

2. The phrase "when the circumstances prior to the opening" among the requirements for the suspension of sentence in this court's judgment refers to a case where even if the punishment is not imposed in light of the comprehensively taking into account the conditions of sentencing as stipulated in Article 51 of the Criminal Act, including the degree of reflectivity, the situation where the defendant would not be subject to the punishment again, and it is limited to the case where the "where the circumstances prior to the opening" are clearly divided into the defendant's depth of the crime, or it is not interpreted that the suspension of sentence may not be always denied when the defendant denies the criminal facts without confession.

(2) In light of the aforementioned legal principles and the evidence duly admitted and investigated by the lower court, the lower court did not err by misapprehending the legal doctrine, as otherwise alleged in the grounds for appeal. In so determining, the lower court did not err by misapprehending the legal doctrine, as otherwise alleged in the grounds for appeal. In so determining, the lower court did not err by misapprehending the legal doctrine on the judgment of the Defendants, as otherwise alleged in the grounds for appeal, considering the Defendants’ criminal records, background leading up to crimes, details of crimes, circumstances following crimes, the Defendants’ age, character and conduct, and environment, and all the sentencing conditions indicated in the instant records and arguments, such as character and conduct, and environment, and thus, it is deemed that the

3. Accordingly, the Prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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