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(영문) 광주지방법원 2015.10.27 2015노388
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal against the Defendants is dismissed.

Reasons

The lower court dismissed the public prosecution of insult among the facts charged against Defendant A.

However, as a prosecutor and Defendant A did not appeal against the dismissal of the above public prosecution, the above part is exempted from the scope of public prosecution between the parties.

Therefore, the conclusion of the judgment of the court below is followed with respect to the dismissal of the above indictment against Defendant A, and the scope of the judgment of this court is limited to the conviction of the prosecutor.

Summary of Grounds for Appeal

Each sentence of the lower court against the Defendants (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 4 million) is too uneased and unreasonable.

Judgment

Defendant

A On January 22, 2014, sentenced to imprisonment with prison labor for ten months and three years of suspension of execution for the crime of violation of the Punishment of Violences, etc. Act (joint injury), and the above judgment became final and conclusive on January 30, 2014, and commits the crime of this case during the period of suspension of execution, the Defendants have the records of having been punished several times for violent crimes, and the Defendants assault victims by paying time fees to victims without any special reason.

However, in full view of the favorable circumstances such as the fact that the Defendants agreed with the victims E, F, and G in the course of investigation, the Defendants did not injure the victims, the Defendants’ mistake, and other favorable circumstances such as the motive and background of the instant crime, the age, character and conduct of the Defendants, the environment, and all of the sentencing conditions indicated in the records of this case, it cannot be deemed that the lower court’s punishment against the Defendants is too unreasonable.

In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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