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(영문) 창원지방법원 2016.06.21 2016노744

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unfair as it is too unfasible.

2. In full view of the judgment of the court below, the punishment of the court below is deemed appropriate, since it is judged that the punishment of the court below is reasonable, since it is not reasonable in full view of the following: although it is recognized that the defendant was dangerous and cruel, and the degree of injury suffered by the victim is serious, the defendant led to the confession and reflect of the crime; the defendant wants the victim by agreement with the victim; there is no criminal history against the defendant; there is no criminal history against the defendant; and all other matters pertaining to the sentencing specified in the defendant's age, sex behavior, circumstances after the crime; and records and changes in the records of this case.

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.