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(영문) 광주지방법원 2018.09.05 2018노895
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (Defendant A: six months of imprisonment, two years of suspended sentence, two years of suspended sentence, two years of suspended sentence, two years of imprisonment, protection observation, 40 hours of a compliance driving lecture, Defendant C: imprisonment with prison labor, five months of suspended sentence, and two years of suspended sentence) is too uneasy and unfair.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 46 subparag. 10 and Article 39(1)10 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 13085, Jan. 28, 2015) is a clerical error in the “Article 46 subparag. 10 and Article 39(1)8 of the former Petroleum and Petroleum Substitute Fuel Business Act,” and thus, it is obvious that it is a clerical error in the “Article 25 of the Regulations on Criminal Procedure” in the application of the aforementioned statutes).

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