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(영문) 대구지방법원 2016.04.20 2015노1340
폭력행위등처벌에관한법률위반(공동상해)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 lower court (two years of imprisonment with prison labor, two years of protection observation, and 240 hours of community service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Regarding each of the unlawful arguments of sentencing by the Defendant and the prosecutor, the following facts are acknowledged: (a) the nature of the crime is not less and less severe in light of the form of the crime in this case and the method of the crime in this case; (b) the Defendant has been punished six times by a fine as an violent crime; and (c) the Defendant has the records of the crime subject to suspended execution two times; (c) the Defendant is divided his mistake; (d) the amount and degree of injury is not severe; (e) the Defendant has agreed with the victims; and (e) other conditions indicated in the argument in this case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime in this case; and (e) the scope of recommended sentencing guidelines for the enactment of the sentencing committee of the Supreme Court, such as the circumstances after the crime, the sentence imposed on the Defendant is deemed appropriate; and (e) the sentence imposed on the Defendant is too heavy or too

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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