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(영문) 서울북부지방법원 2019.01.24 2018노1753
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of 2 million won / Defendant B, and C: each fine of 1.5 million won) against the Defendants is too uneased and unreasonable.

2. The degree of injury to the grounds for appeal is significant, and the Defendants still did not receive a written indictment from the victim.

However, all these circumstances are the circumstances in which the court below has already considered or was present at the court below's decision of punishment.

In addition, comprehensively taking into account all the conditions of sentencing as shown in the argument of the instant case, including the circumstances favorable to the Defendants and the progress of the case, and the circumstances after the commission of the crime, it is difficult to judge that the sentencing of the lower court exceeded the reasonable scope of discretion, and there is no change of circumstances that can be newly considered in the record trial.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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