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(영문) 광주지방법원 2017.07.19 2017노1706
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not good, and that the Defendant committed the instant crime during the period of repeated crime, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant has already divided his mistake in depth, the fact that the defendant agreed with the victim, and the age, sex and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition by the court below (Provided, That the judgment of the court below is correct because it is obvious that the " August 13, 2016" of the 1th page 16 of the judgment below is a clerical error in the " August 15, 2016", and it is obvious that the judgment of the court below is modified under Article 25(1) of the Regulations on Criminal Procedure.

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