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(영문) 광주지방법원 2018.09.19 2018노309
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the community service for 160 hours and the lecture for violent treatment of forty hours) of the lower court is deemed to be too uneasy and unreasonable.

2. Determination is based on the following: (a) the Defendants unilaterally used violence against the victim with multiple accomplices; (b) the victims suffered significant injury; (c) the victims did not recover from damage; and (d) the mother of the victims and the victims want to escape from severe punishment against the Defendants.

However, in full view of the circumstances favorable to the Defendants, including the fact that the Defendants were juveniles, Defendant B was reinstated to high schools, Defendant A prepared a public notice of examination in the branch of the South-dong branch of the Korea Rehabilitation Agency before the South-dong branch of the Korea Rehabilitation Agency, and there is no record of criminal punishment, etc., and there is no change in the sentencing conditions compared with the lower court, and there is no change in the sentencing conditions, etc., the lower court’s punishment is too uncomfortable and unreasonable. Therefore, the Prosecutor’s assertion

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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