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(영문) 춘천지방법원 강릉지원 2015.01.13 2014노497

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair punishment)’s imprisonment (two years of imprisonment, three years of suspended sentence, and one hundred and sixty hours of community service order) is too unreasonable.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

2. The judgment of the defendant is a favorable condition to the defendant, such as the fact that the defendant has led to the crime, that the deceased's bereaved family members paid KRW 130 million to theO, and that the agreement was prepared by paying KRW 130 million, and that there is no other criminal power.

On the other hand, this case is a normal situation that is unfavorable to the defendant, such as the fact that the defendant inflicted an injury on the part of the deceased who is an adult, when he was placed in her arms or with a dangerous object, and the crime is inferior in light of the method and circumstances of the crime, etc., and that the deceased under the influence of alcohol crashed on the rooftop of the building that was hidden immediately after the assault of the defendant and died, and that the bereaved family members of the deceased still want to be punished by the defendant

In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided