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(영문) 서울중앙지방법원 2015.07.24 2014노5053
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

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

Reasons

1. Summary of reasons for appeal by the public prosecutor;

A. According to the evidence submitted by the prosecutor of mistake of facts, the Defendants’ crime of violation of the Punishment of Violences, etc. Act (joint property damage, etc.) can be fully recognized.

B. The lower court’s sentence against the Defendants is too unjustifiable and unreasonable.

2. Determination

A. Based on its stated reasoning, the lower court acquitted the Defendants on the violation of the Punishment of Violences, etc. Act (joint property damage, etc.).

The court below's decision No. 2-A, C, D, E, which is admitted by evidence.

Comprehensively taking account of the circumstances in the statement of the court below, even if the witness S andO’s statement at the trial court was neglected, the above judgment of the court below is just and acceptable (However, the circumstances in the 2-B-2-2-2-1-2-3-2-2-2-3-2-3-2-3-2-3-3-4-4-4-4-4-4-4-4-4-4-4-4-4-4-5-4-4-4-4-4-4-4-4-4-4-4-4-7-

Therefore, prosecutor's assertion is without merit.

B. The Defendants did not receive an application from the victims of unfair sentencing until now.

However, there is no special change in circumstances to determine the punishment against the Defendants, different from the original judgment, when both the Defendants were the first offender or there was no past criminal history, and when they were in the first instance trial, there is no special change in circumstances.

In addition, in full view of the motive, means and result of the instant crime, the Defendants’ age, character and conduct, environment, health status, criminal record, and circumstances after the commission of the crime, the lower court’s punishment against the Defendants is too uneasy and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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