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(영문) 인천지방법원 2017.08.30 2017노2418
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (4 months of imprisonment) is too unreasonable.

2. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable even considering the circumstances asserted by the defendant on the grounds of appeal.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure, which reads “the Defendant’s legal statement” as “each of the Defendants’ respective legal statements,” and Article 2(2)1 and 7 of the Punishment of Violence, etc. Act as “Article 2(2)1 and 2(2) of the Punishment of Violences, etc. Act” as “Article 2(1) of the Punishment of Violences, etc. Act, respectively, and correction is made ex officio under Article 25(1) of the Regulation on Criminal Procedure.”

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