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(영문) 대전지방법원 2013.10.10 2013노1003
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty of KRW 5,00,000, imposed by the lower court on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. In light of the following factors: (a) the Defendant had been punished several times in the previous department; (b) the Defendant was deemed to have committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was a repeated crime due to such previous department; (c) the Defendant is against his/her mistake; (d) the degree of injury suffered by the instant crime is relatively minor; (e) the Defendant has agreed with the victim; and (e) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and and (e) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the

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

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