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(영문) 인천지방법원 2015.01.22 2014노3323
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. In full view of the circumstances leading up to the instant crime, the details of the instant crime and the method of the crime, the fact that the Defendant did not agree with the victim, the fact that the Defendant has a large number of identical criminal records, etc., which are disadvantageous to the Defendant, or the fact that the Defendant recognized his mistake, the fact that the Defendant deposited one million won for the victim in the trial, and all other sentencing conditions, including the Defendant’s age, character and behavior, and environment, it cannot be deemed that the lower court’s sentence against the Defendant exceeded the bounds of reasonable discretion in sentencing decisions.

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.

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