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(영문) 대구지방법원 2015.09.16 2015노249

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment of two years of imprisonment, three years of probation, and 80 hours of probation and domestic violence therapy, which the court below sentenced, is too uneasible and unfair.

2. It is recognized that the nature of the crime of this case, which inflicted an injury on the wife and children as a dangerous object, is serious. Meanwhile, the Defendant recognized all the facts charged of this case, and is in violation of depth, and the victims continuously wished to leave the Defendant’s wife. The Defendant appears to have been released on December 29, 2014, and without any particular issue with the victims up to now, and the Defendant appears to have been living together with the victims. The Defendant is the first criminal without any previous conviction, and the Defendant appears to have been able to have a special preventive effect even if he imposes a treatment within the society, such as suspension of the execution of imprisonment with prison labor for which the Defendant added a probation and an order to attend the course, and it is not recognized that the Defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions indicated in the records and arguments of this case, the prosecutor’s assertion is without merit.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.