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(영문) 청주지방법원 2018.11.16 2018노563
상해등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (the suspended sentence of a fine of KRW 800,000,000 / the suspended sentence of a fine of KRW 700,000 / the suspended sentence of a fine of KRW 300,000 / the suspended sentence of a fine of KRW 70,000 for each

2. The lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

Defendant

In the case of C, D, F, and G, there is no history of criminal punishment, and there is only the history of punishment for fines in the case of Defendant E and A, the relationship between the Defendants and the victims, the circumstances leading up to the Defendants, and the circumstances leading up to the Defendants’ mistake, etc. In light of the circumstances favorable to the Defendants and unfavorable circumstances, it appears that the court below set an appropriate sentence by taking into account the circumstances favorable to the Defendants and unfavorable circumstances. The crime of this case was committed by the Defendants, who are the occupants, in the process of raising an issue concerning the management of the victim K’s apartment in which the chairman of the apartment occupants’ representative council was the occupant of the apartment house, and the circumstances leading up to the occurrence of the accident are considered, and the sentence of the court below against the Defendants is too unfair, taking into account all the circumstances that form the conditions for the punishment of this case, such as the age, sex, environment, motive and circumstance leading up to the crime of this case, and the circumstances after the crime.

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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