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(영문) 수원지방법원 2014.11.27 2014노2863
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (the sentencing of the Defendant: 8 months of imprisonment, 2 years of suspended execution, and 80 hours of community service order) is deemed to be too unfortunate and unfair.

The crime of this case was committed jointly by the Defendants, which caused injury to the victim F, which requires approximately six weeks of medical treatment. In light of the contents of the crime and the degree of injury, the Defendants’ liability for the crime is not easy.

However, in consideration of the following circumstances: (a) the Defendants deposited the victim as the victim at the lower court’s deposit and deposited the victim KRW 6 million in total twice; (b) the degree of participation is minor; (c) the victim was frightened first of all, and caused the instant case by putting the Defendant’s breath’s fright towards the face of the above Defendant; (d) the lower court ordered the Defendants to provide community service for a considerable period of time; (c) the Defendants did not have criminal records exceeding fines; (d) the Defendants did not have criminal records; (d) recognized the Defendants’ mistake and reflect it; and (e) all other circumstances attached to the sentencing specified in the instant case, the lower court’s sentencing cannot

Therefore, the appeal against the Defendants by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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