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(영문) 부산지방법원 2016.06.30 2016노562
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal that the lower court sentenced the Defendants to the punishment (a fine of KRW 1,500,000) is deemed to be too unhued and unreasonable.

2. The instant crime committed by the Defendants is an unfavorable circumstance to the Defendants, on the following grounds: (a) the Defendants got the victim of the aged who had been a new wall for a considerable amount of time and inflicted an injury while leading the victim for a considerable amount of time; (b) the nature of the crime is not good; and (c) the physical and mental victim appears to have

However, considering the following circumstances: (a) the Defendants led to the confession of the instant crime; (b) the Defendants were the first offender; (c) the Defendants did not want to punish the Defendants any longer; (d) the Defendants’ social relative relationship is clear; and (e) the Defendants’ age, sex, environment, family relationship, means and consequence of the commission of the instant crime; and (e) other various circumstances, which form the conditions for sentencing as indicated in the instant records and the previous theories, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals against the defendants are without merit.

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