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(영문) 서울북부지방법원 2013.04.10 2013노50
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the Defendant caused a fighting with the victims, the lower court’s sentencing is too uneasible and unfair.

2. In full view of the following facts: (a) the Defendant, as a minor, is the first offender who is a student, and both the Defendant and the investigative agency recognize and reflects the instant crime; (b) the instant crime is a contingent crime committed by the Defendant under the influence of alcohol; (c) the degree of the Defendant’s participation in the instant crime is minor; and (d) the Defendant submitted a written application to the effect that the victims agreed with the victims after the instant crime and the victims are not subject to the punishment of the Defendant; (b) the lower court’s sentencing is too unjustifiable and thus, the Prosecutor’s assertion is without merit, given that the prosecutor’s reasons for appeal were considered.

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

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