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(영문) 서울중앙지방법원 2020.04.06 2019노4275
폭행
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for the Defendants, the period of each suspended sentence (the period of each suspended sentence: KRW 300,00) is too uneased and unreasonable.

2. It is recognized that the Defendants agreed with the victim or did not know that the victim was dead, and that the victim wanted to punish the Defendants.

However, the extent of the instant assault is relatively minor, the Defendants appears to have committed the instant crime in the course of speaking fighting with the victim’s trust with another church, and Defendant A is the first offender, and Defendant B is the first offender in addition to the judgment of suspended sentence in around 2018, without any specific criminal power, and taking into account the Defendants’ age, character and conduct, environment, family relationship, motive for committing the instant crime and circumstances after committing the crime, and all the sentencing conditions specified in the records and arguments, such as the circumstances after committing the crime, etc., the lower court’s sentence against the Defendants cannot be deemed as being too unjustifiable, and thus, the Prosecutor’s assertion is groundless

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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