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(영문) 부산지방법원 2019.02.13 2018노3978
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court is too minor.

2. The Defendant, in the first instance, shows the attitude to recognize and reflect all of the instant crimes.

In addition, there is no other circumstance that the lower court’s determination of sentencing was deemed to have exceeded the reasonable bounds of discretion or to have maintained it as it is unreasonable, in full view of all the conditions of the argument and the records of the instant case, including various circumstances (including the fact that the responsibility of the crime was not recovered from damage in light of the details of the crime and the fact that the Defendant’s violent crime-related criminal records are heavy) as stated in the grounds for sentencing, such as the age and behavior intelligence environment of the Defendant, the motive and means of the crime, and the circumstances after the crime.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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