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(영문) 전주지방법원 2016.07.28 2016노335
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unfluent and unreasonable.

2. The crime of this case is acknowledged that the defendant raises an objection to, threatens, or inflicts bodily injury on, community residents in the old community whenever he/she raises an objection to, or is in time of vision in the course of performing his/her duties as a head of a Ri, and that the crime of this case is bad in quality of crime, victims who want to be punished by a fine for the same kind of crime, and the defendant has a record of being punished by a fine.

However, considering the fact that the defendant recognized the crime of this case, the defendant made efforts to recover damage, such as deposit of KRW 5 million for the victim AF and KRW 2 million for the victim's king, and deposit of KRW 1 million for the victim's king, and there is no record of punishment exceeding the fine for the defendant, and other factors indicated in the records and arguments of this case such as the defendant's age, sex behavior, means and result of the crime, etc., the sentencing of the court below is not deemed unfair because the sentencing of the court below is too small.

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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