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(영문) 대구지방법원 2014.05.22 2014노1093
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the main points of the grounds for appeal are too previous and consistent to the defendant, the punishment (two million won of fine) imposed by the court below is too unfasible and unfair.

2. The crime of this case is an unfavorable circumstance to the Defendant, for the following reasons: (a) the victim was committed with B, etc. on the ground that the victim simply avoided the disturbance at the club; and (b) the fact that the victim was punished several times due to the same criminal record as the Defendant; and (c) the fact that the victim was punished.

However, if we look at only the crime of this case, the degree of the defendant's participation in the crime of this case is not significant, and the victim does not want the punishment of the defendant under an agreement with the victim, and the defendant recognizes all of the crimes of this case and reflects it, etc.,

In full view of these circumstances, Defendant’s character and behavior, environment, etc. and the conditions of sentencing as shown in the oral argument, the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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

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