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(영문) 청주지방법원 2016.08.26 2016노256

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a year, two years of suspended execution, confiscation) is too unfluent and unfair.

2. The judgment of the court below, when the defendant opens and lands a vehicle door, determined the risk of the crime of this case, which threatened the victim by starting the vehicle and causing injury to the victim immediately after that, in light of the circumstances unfavorable to the defendant, the defendant appears to have caused the crime of this case in the absence of wages from the damaged person, and was sentenced to punishment in favor of the defendant, considering the fact that the victim deposited one million won as the person who deposited the vehicle as the victim.

In addition, even if the sentencing of the court below exceeds the reasonable bounds of discretion, the sentencing of the court below exceeded the reasonable limits of discretion, considering the historical background and other sentencing materials, the defendant expressed that the injured party does not want the punishment in agreement with the injured party when it comes to the trial.

There is no circumstance that the lower court’s maintenance of the determination of sentencing is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s determination of sentencing and light position are without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.