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(영문) 서울서부지방법원 2015.01.22 2014노777
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

1. The gist of the grounds for appeal is that each of the lower courts’ respective punishments (the three years of suspended sentence of one year and eight months of imprisonment for Defendant A; the three years of suspended sentence of two years of imprisonment for Defendant B; and the one year of suspended sentence of six months of imprisonment for Defendant C) is deemed unhued and unfair.

2. The crime of this case was committed by the Defendants by collectively assaulting the victims at their minor expense and causing injury or destroying goods. The degree of damage is not weak, and the agreement or reimbursement of damage was not completed until the trial.

However, Defendant A and B deposited part of the amount of damage to the victim H and G at the lower court, and agreed with the victim G to the extent of the first instance trial, and agreed with the victim H.C. The degree of participation in the crime is relatively minor, all the Defendants led to a confession and their depth. There is no significant criminal record. In light of the motive and background of the crime, the circumstances after the crime, the Defendants’ career, character and conduct, environment, etc., and the various sentencing conditions indicated in the records and pleadings, each sentence of the lower court cannot be deemed unfair.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and it is so decided as per Disposition under Article 364(4) of the Criminal Procedure Act.

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