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(영문) 청주지방법원 2016.07.21 2016노293
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (one million won of the penalty surcharge) is too unhutiled and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant did not agree with the victim, and the victim is punished by the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is an elementary offender who has no record of criminal punishment.

The degree of injury suffered by the victim is light.

The crime of this case seems to have occurred contingently in the process that the conflict between the union and the company has continued for a long time due to wage and dismissal.

C and D, an accomplice, were suspended from prosecution by the prosecution.

The accused has two children who need support.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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