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(영문) 울산지방법원 2017.01.05 2016노1486
상해
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (a fine of KRW 3 million against Defendant A, and a fine of KRW 1.5 million against Defendant B) is too uneased.

2. In light of the content and circumstances of each of the instant crimes, it is unnecessary to impose strict liability on the Defendants inasmuch as the Defendants committed the same kind of crime even though they had been punished for the past violence crime.

However, in full view of the following facts: (a) the Defendants recognized the Defendants’ mistake; (b) the Defendants agreed to each other in the course of the investigation; (c) the Defendants did not have any criminal record of imprisonment without prison labor or any heavier punishment; and and (d) other conditions of sentencing as shown in the records and pleadings, such as the Defendants’ age, sex, environment, and circumstances after the commission of the crime, the sentence imposed by the lower court is too unab

Therefore, prosecutor's assertion is without merit.

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

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