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(영문) 광주지방법원 2013.07.10 2013노1121
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake and agreed with the victims is favorable.

On the other hand, the crime of this case was committed two days after the defendant was sentenced to suspended sentence due to the violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) as stated in the judgment of the court below, and the nature of the crime is not good, and the method of violence and the degree and degree of injury are disadvantageous to the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant 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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