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(영문) 인천지방법원 2016.07.20 2016노1246
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (one year of imprisonment and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments of this case and the reasons for the sentencing of the court below, even if considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the court below’s punishment is too heavy or it does not seem unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition (Provided, That in accordance with Article 25(1) of the Rules on Criminal Procedure, the "Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Exemplary Vehicles)" in the 17th and 18th sentence of the judgment below shall be corrected to "Violation of Road Traffic Act (Drink)".

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