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(영문) 인천지방법원 2014.12.04 2014노2762

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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 months of imprisonment with prison labor and two years of suspended sentence) is too uneased.

2. Although the judgment of the court below was made several times of the previous offense, it is disadvantageous that the defendant repeated the crime, the defendant led to his confession, and the defendant seems to have an opportunity to reflect by being detained during one month. The court below rendered a community service order while suspending the execution of imprisonment with prison labor for the defendant, and other various sentencing factors such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime are considered to be too uneasible and unfair.

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.