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(영문) 대구지방법원 2013.09.26 2013노632
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal is not sufficient to commit the crime against the Defendants, the sentence imposed by the lower court against the Defendants (the suspended sentence for six months of imprisonment) is too uneasible and unfair.

2. In light of the methods and results of the instant crime, the fact that the nature of the crime is not good is unfavorable to the Defendants.

However, the defendants did not show the documents of the association while the president of the G Union was in conflict with the opinion about H and the handling of the business affairs of the association at the time of the instant case, and there are circumstances to consider the commission of the instant crime. There are no criminal records against the defendants A and D, and there are no other criminal records than the one-time fine for the defendants B and C, and there are no other criminal records except for the one-time fine for the defendants B and C, and the defendants committed a mistake and did not repeat the crime.

In this context, considering the various circumstances shown in the records and arguments, such as the age, character and conduct, environment, and career of the Defendants, since the sentence imposed by the court below against the Defendants cannot be deemed unfair because it is too uneasible, the prosecutor’s assertion above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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