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(영문) 대구지방법원 2013.10.29 2013노1630
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the nature of the offense of the Defendants by the prosecutor is inferior and that there is a previous fault, the punishment sentenced by the court below (a fine of KRW 5 million) is too uneased and unfair.

B. In light of the fact that the Defendants are against the Defendants, the sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the Defendants’ respective arguments on unreasonable sentencing.

In light of the background and method of the instant crime, etc., it is not good for the Defendants to commit the instant crime, and the fact that the Defendants did not know even though they were repeated crimes due to each previous department and did not lead to the instant crime is disadvantageous.

On the other hand, it is advantageous to the fact that the defendants recognized the crime and reflects the mistake, the degree of injury of the victims is relatively minor, and the victims want to leave the ship by mutual consent between the victims and the victims.

In full view of the above circumstances and other circumstances revealed in the records and pleadings, since the sentence imposed by the court below against the Defendants cannot be deemed to be too weak or unreasonable, the prosecutor and the Defendants’ respective arguments are without merit.

3. In conclusion, the prosecutor and the Defendants’ appeal are all without merit, and they are all dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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