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(영문) 수원지방법원 2017.05.11 2016노6447
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the community service order of 80 hours, and the order of lecture for violent treatment of 40 hours) is too uneasy and unreasonable.

2. The Defendant committed the instant crime, without any particular reason, with the victim B and C, is an assaulting act with the victim without any specific reason, and in light of the motive for the crime, it is not good to the nature of the crime, and the fact that the victim was recovered or did not agree with the victim is disadvantageous to the Defendant.

However, considering the fact that the defendant recognized the crime of this case as well as the fact that there is no record of criminal punishment except the juvenile protection disposition, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for the crime and circumstances after the crime, 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 appeal is without merit. It is so decided as per Disposition.

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