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(영문) 대구지방법원 2018.05.16 2017노2008

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. The instant crime is an unfavorable circumstance to the Defendant that: (a) the instant crime was committed on the part of a shoulderer who is a dangerous object; (b) the victim's disease, etc. was bad in the nature of the crime; (c) there was violent force; and (d) the location of the victim was unclear.

However, considering the fact that the victim does not want punishment, the fact that the victim does not want to have any past record exceeding the fine, the court below took into account the favorable circumstances, and taking into account all the sentencing conditions in the records and arguments of this case, including the defendant's age, sex, environment, family relationship, circumstances leading to the crime, means and result, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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.