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(영문) 춘천지방법원 2014.12.17 2013노1023

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence sentenced by the lower court to the Defendant (two years of imprisonment with prison labor, three years of probation, and 80 hours of community service order) is too uneased and unreasonable.

B. The above sentence imposed by the court below against the defendant is too unreasonable.

2. In light of the above circumstances, the defendant recognized his mistake and reflects his depth, the defendant appears to have committed the crime of this case in a contingent manner while drinking with the victim, and the degree of injury therefrom is relatively minor, the defendant has no record of punishment exceeding the fine. In light of the above circumstances, it appears that the court below could expect the effect of preventing recidivism through the community service order that the court below ordered together with the defendant when issuing a suspended sentence of imprisonment, and the crime of this case is not easy to agree with the victim in light of the type of crime, etc., the crime of this case is not easy, the defendant did not reach an agreement with the victim, the defendant did not have any record of punishment for the same kind of crime, and considering other unfavorable circumstances such as circumstances after the crime, the defendant's age, character and conduct, and the environment, etc., the above assertion by the defendant and the prosecutor is not reasonable. Therefore, the above assertion is 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.