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(영문) 서울남부지방법원 2014.02.07 2013노2051

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment, confiscation) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The extent of damage suffered by the victims is not significant, and the defendant's reflection is favorable to the defendant.

However, the defendant's criminal records are several times, and the repeated behavior of certain same kind during the period of repeated crime is disadvantageous to the defendant.

In addition, comprehensively taking account of the various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it is not deemed that it is too weak or unreasonable.

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

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, Article 35 of the Criminal Act is deemed to be "Article 35 of the Criminal Act" in Part 3 of the judgment of the court below as "Article 35 of the Criminal Act (Article 25 of the Criminal Act in the case at the time of sale)."