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(영문) 인천지방법원 2015.02.13 2014노3435

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended execution, and 120 hours of community service) is too unfasible.

2. The judgment of the court below is that the defendant carried dangerous articles against the victim her age and committed the instant crime; the victim's degree of damage caused by the instant crime is not less than that of the victim; the defendant recognized the instant crime and is in profoundly against the victim; the defendant has no record of the same crime; the defendant has no record of the crime; the defendant has been punished once a fine due to the crime of the Electronic Financial Transactions Act; the defendant has been punished for a certain period; the defendant has been detained for a certain period; the defendant has not yet been detained; the defendant has no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below; and the defendant has no other special circumstances or changes that may be newly considered in sentencing; the defendant's character and conduct, environment, motive and means of the instant crime; the consequence thereof; and all other circumstances that form the conditions for sentencing as shown in the arguments and the records of the instant case, such as the circumstances after the crime.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

(However, since it is apparent that "victim E" is a clerical error of "victim F," among the facts constituting the crime of the original judgment, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.