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(영문) 대전지방법원 2015.07.23 2015노1257

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a year and six months, suspension of execution for a period of two years, probation, and community service order for a period of 160 hours), which the court below sentenced against the defendant, is too uneasible and unfair.

2. Although it is not good to form a crime by leaving the victim in a knife knife, which is a dangerous object of the defendant's body and using violence against the victim, the defendant divided and reflected the crime of this case, the defendant, who is a examinee who is attending a high school, seems to have reached the crime of this case in a timely fashion due to noise problems between floors, and the defendant's health is not good. The defendant's primary offender with no criminal power, the defendant's wife and his wife wanted to take advantage of the defendant's preference, and considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., the defendant's punishment against the defendant is too unreasonable, and the prosecutor's assertion of unfair sentencing is not reasonable.

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