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(영문) 수원지방법원 2014.07.11 2014노769
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 unreasonable as it is too unfasible that each of the punishments (for the defendant A: 10 months of imprisonment, 2 years of suspended execution, 80 hours of social service, 6 months of imprisonment, 1 year of suspended execution, 40 hours of social service) that the court below sentenced the defendants.

2. The judgment of the defendant A is in profoundly against the crime.

It does not seem that the degree of damage of victims is serious.

The recommended sentencing guidelines are 6 months to 10 August 10 [the multiple crimes (three cases) aggravated in the basic punishment of violation of the Punishment of Violences, etc. Act (joint injury)].

In full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, background leading to the instant crime, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court to Defendant A is too uneasible and unreasonable.

Defendant

B: There is no previous error in crime, and it is against the depth of crime.

It does not seem that the degree of damage of victims is serious.

The recommended sentencing guidelines are four months to two years [the multiple crimes (two cases) aggravated in the basic form of a violation of the Punishment of Violences, etc. Act (joint injury)].

In full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, background leading to the instant crime, and circumstances after the crime, etc., the sentence imposed by the lower court to Defendant B is too uneasible and unreasonable.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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