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(영문) 수원지방법원 2015.07.08 2015노319
상해
Text

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

Reasons

1. The sentence of the lower court against the Defendants on the gist of the prosecutor’s grounds of appeal (the suspended sentence of a fine of KRW 3 million) is too uneased and unreasonable.

2. The crime of this case requires strict punishment of the Defendants in light of the fact that the Defendants committed assault and assault each other in the process of vision and that the nature of the crime is not good in light of the background, method, and content of the crime, and that the degree of injury inflicted on each other is not that provided for by the prosecutor.

However, in full view of all the circumstances, including the Defendants’ age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the lower court cannot be deemed unfair because it is too unreasonable, and thus, the prosecutor’s assertion is without merit.

3. Accordingly, the prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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