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(영문) 수원지방법원 2018.01.24 2016노5515
폭행
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: fine of 2 million won, Defendant B’s imprisonment with prison labor of 4 months, and 1 year of suspended execution) declared by the lower court against the Defendants is too uneasible.

2. The judgment of this case is that Defendant A assaulted Victim F, and Defendant B inflicted an injury upon the victim E in need of two weeks of medical treatment, and the nature of the crime is not provided against the victim in light of the content and result of the crime, but not yet agreed with the victims.

In addition, the defendants have been sentenced to a fine for violent crimes.

However, on the other hand, the defendants have shown the attitude of recognizing and opposing their mistakes, and the degree of violence exercised by the defendants A and the degree of injury suffered by the victims E are not much serious.

In addition, there are some circumstances to consider the circumstances that the Defendants appeared to have caused the instant crime in a contingent manner due to a minor dispute, which has been caused by Marart. 201.

In light of the above conditions unfavorable or favorable to the Defendants, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, each sentence imposed by the lower court against the Defendants is too uneasible and unreasonable. Therefore, the prosecutor’s above assertion is without merit.

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

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