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(영문) 광주지방법원 2018.04.19 2017노2608
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. The summary of the grounds for appeal is that each of the lower court’s punishment (for Defendant A: two years of imprisonment, three years of suspended execution, 120 hours of community service work, Defendant B: imprisonment with prison labor for 10 months of suspended execution, two years of suspended execution, and 120 hours of community service) against the Defendants is too unfasible and unfair.

2. In light of the background, method, and degree of damage of each of the crimes of this case, the nature of the crime is not somewhat weak, and the Defendants again committed each of the crimes of this case despite the fact that they had been punished for the same kind of crime.

On the other hand, the fact that the defendants recognized their mistakes and reflects them, and that the victims do not want punishment against the defendants by mutual agreement with the victims are favorable circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the prosecutor’s assertion is without merit since each of the lower court’s punishment is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit and all is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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