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(영문) 전주지방법원 2018.07.05 2018노326
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants’ improper sentencing – The lower court’s punishment is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. We examine both the Defendants and the Prosecutor’s arguments.

The circumstances alleged by the Prosecutor as an unfavorable element in relation to the sentencing in the trial of the Party and the circumstances alleged by the Defendants as favorable element were revealed in the proceedings of the lower court’s oral argument, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

The court below has already determined a punishment by fully taking into account all the circumstances that include the Defendants and the Prosecutor’s respective grounds for appeal, and that such punishment was too weak, or that it exceeded the reasonable scope of discretion on the court’s determination of sentencing due to its gross negligence.

shall not be deemed to exist.

Therefore, prosecutor and Defendants’ respective arguments are rejected.

3. In conclusion, each appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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