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(영문) 인천지방법원 2016.08.24 2015노4667
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that each sentence (a fine of three million won is imposed on the Defendants: Defendant A; a fine of two million won is imposed on the Defendants) imposed by the lower court on the Defendants is too uneased and unreasonable.

2. Examining the change of circumstances after the judgment of the court below, and comparing the sentencing conditions as shown in the records and arguments of this case with the reasons for sentencing, it does not seem that the court below’s respective punishment against the Defendants is too uneasible, even considering the circumstances alleged by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 25 of the Rules on Criminal Procedure, “the application of the law” as stipulated in Article 4 of the judgment of the court below as stated in Article 25 of the Rules on Criminal Procedure is added to “each” in front of the Punishment of Violences, etc. Act as stated in Article 3

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