logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.03 2015노2904
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal (the defendant A: 10 months of imprisonment, 2 years of probation, 200 hours of community service order, the defendant B: imprisonment for 8 months of probation, 2 years of probation, 2 years of probation, probation, and 200 hours of community service order) of the lower court is too unfasible and unfair;

2. The crime of this case was committed jointly by the Defendants, resulting in injury to the victims, and the crime was committed in light of the degree of the assault and the degree of the injury.

However, the Defendants recognized the mistake of the crime of this case and are in profoundly against it.

Defendant

A is an initial crime, and Defendant B has no record of criminal punishment except for the past punished once a fine is imposed.

The Defendants agreed with the victims in both the lower court and the first instance court, and the victims are also recognized as the circumstances in which the Defendants were not punished any longer.

In addition, the lower court’s punishment cannot be deemed unreasonable as it is too uneasible in full view of all the conditions of sentencing as shown in the records and arguments, such as the Defendants’ age, character and conduct, environment, and family relationship.

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

arrow