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(영문) 수원지방법원 2018.03.30 2017노3032
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The appellate court’s sentence against the Defendants (for each of four months of imprisonment and one year of suspended execution) is too unhued and unreasonable.

2. The crime of this case was committed jointly by the Defendants, which caused the injury to the two victims in need of approximately two weeks of medical treatment, and the nature of the crime is not weak, and even though the Defendants had been punished for the same kind of crime, it is also true that there is a need for strict punishment as a result of the crime of this case.

However, considering the fact that the Defendants recognized the instant crime and divided their mistake, agreed with one of the victims, the rest of the victim did not reach an agreement with the victim, but deposited the additional money for the recovery of damage by paying part of the medical expenses, Defendant B did not have any criminal record above the suspended execution, and Defendant A did not have any criminal record above the suspended execution in addition to the one-time suspended execution in around 2004, and other circumstances that form the conditions for the sentencing as shown in the record, such as the Defendants’ age, sex, sex, environment, family relationship, motive, means and consequence of the crime, etc., it does not seem unfair since the lower court’s punishment is too unafford.

3. According to the conclusion, 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 against the Defendants are without merit. It is so decided as per Disposition.

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