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(영문) 부산고등법원 2015.06.10 2015노28
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the sentence of the lower court (one and half years of imprisonment, one year and six years of suspended execution, etc.) against the Defendants is too uneasible, considering the following: (a) the issue of the instant crime is significant; (b) the Defendants did not agree with the victims; and (c) the Defendants continue to trial other criminal cases or committed the instant crime even though there were many violences.

Therefore, the crime of this case may cause injury to the victims for the purpose of retaliation and thus hinder the nation's function of criminal justice, and thus, there is a significant reason to the defendants. However, considering the fact that the defendants did not commit the crime of this case in a planned manner, but committed the crime of this case in a contingent manner with victims, rather than committing the crime of this case, it seems that the defendants committed the crime of this case. The defendants reflect in depth when they led to the confession of the crime of this case; the defendants deposited KRW 2 million and KRW 3 million for the victim I and F; the defendants did not have any criminal record other than a fine, and they did not have any criminal record or imprisonment with the defendant C; the victims did not have any criminal record or imprisonment with the victim C; all the sentencing conditions under Article 51 of the Criminal Act and sentencing guidelines established by the Sentencing; etc., the court below's sentence against the defendants cannot be deemed to have exceeded discretionary power.

Therefore, since the prosecutor's appeal 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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