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(영문) 인천지방법원 2014.09.19 2014노2246
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the grounds for appeal (e.g., a form of punishment) is that Defendant A did not regard the person during the period of repeated offense, but did relatively heavy injury that requires three weeks of treatment to the victim. Defendant B had the criminal act of this case to Defendant A and caused the cause of this case. Thus, the lower court’s sentence (a fine of eight million won for Defendant A, and a fine of five million won for Defendant B) is too unreasonable.

2. Taking into account the circumstances alleged by the prosecutor, even if the Defendants agreed with the victim, the degree of injury suffered by the victim was not significantly significant, and Defendant A had been living under detention for about 80 days, and had an attitude to reflect his/her mistake, Defendant B showed a relatively minor degree of participation in the act of injury in the instant case, and there was no criminal history exceeding the fine, and other circumstances that form the conditions for sentencing as shown in the instant records and arguments, such as the circumstance, means and consequence after the commission of the instant crime, the circumstances after the commission of the crime, the age, character and conduct of the Defendants, and the environment, etc., it is not recognized that the lower court’s punishment is unreasonable because it is too unreasonable.

The prosecutor's assertion is without merit.

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

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