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(영문) 대구지방법원 2019.07.12 2019노894
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of favorable circumstances, such as ① the Defendant’s criminal records, ② the Defendant’s act of committing the instant crime in the course of attempting to fight a fighting between A and the victim, the circumstances that may be considered, the degree of the Defendant’s participation is minor, the Defendant’s agreement with the victim, and the fact that there is no criminal records exceeding the fine.

There are no special circumstances or changes in circumstances that are different from the sentencing conditions of the lower court until the lower court appears to have been determined appropriately by fully taking into account the above circumstances and up to the trial.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., as indicated in the instant pleadings, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it exceeds the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion 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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