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(영문) 창원지방법원 2017.08.24 2017노1128
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. In light of the fact that the Defendant was punished four times (two times of punishment and two times of punishment) for a crime related to violence, and that there was a number of punishments for a similar crime, and in particular, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (joint assault) on April 5, 2013, and that the Defendant committed the instant crime of the same kind even during the repeated offense period after the execution of the sentence was completed on September 25, 2014, there is a need to strictly punish the Defendant in light of the fact that he committed the instant crime of the same kind.

However, it is reasonable to respect the crime of this case where: (a) the Defendant recognized the crime of this case; (b) C, the Defendant, the Defendant’s seat of the Defendant, began to be a trial expense to the Victim F; and (c) the Defendant was involved in the crime by reporting the form of dispute between C and F; (b) the Defendant agreed upon with the victims; (c) the victims’ injury is not limited to the extent that the victims need to be treated with two weeks; (d) there is no special relationship or change in circumstances that may be newly considered in the trial; and (e) there is no change in the sentencing conditions compared with the lower court’s judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, the lower court’s punishment is too unfair, taking into account the following circumstances: the Defendant’s age, environment, sex, motive for the crime of this case, and the circumstances before and after the crime.

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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