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(영문) 인천지방법원 2013.10.11 2013노1728
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

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

Reasons

The gist of the grounds for appeal by the prosecutor is that the sentence imposed by the court below (the defendant A, B, D, E: 6 months of suspended sentence and deferred imprisonment; the defendant C: imprisonment with prison labor for one year and six months) is too uneasible and unfair. However, in full view of the fact that the defendants reflects the crime, the method and degree of participation in the crime are relatively minor, the defendants do not want the punishment, and other circumstances, which include the defendants' age, character and behavior, environment, criminal records, etc., and the conditions for sentencing as indicated in the arguments and records of this case, the prosecutor's above assertion is not acceptable, since the punishment imposed by the court below is too uneasible and unreasonable.

Therefore, since the public prosecutor's appeal against the defendants is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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