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(영문) 광주지방법원 2015.10.06 2015노1881
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of the following factors: (a) the Defendant committed the instant crime even though he/she was sentenced to three years of imprisonment in 2012, three years of suspended sentence, four years of suspended sentence; (b) the Defendant committed the instant crime during the trial of the instant case (Seoul District Court 2014 High Court Decision 2014Da4489); (c) disadvantageous factors such as the Defendant’s extra injury, etc.; (d) the Defendant’s agreement with the victim; (e) favorable factors of sentencing, such as the Defendant’s age, character, conduct and environment, etc.; and (e) other favorable factors of sentencing as indicated in the instant records and pleadings, such as the Defendant’s age, character and conduct, etc., it

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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