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(영문) 의정부지방법원 2014.03.12 2013노1606

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant A (two years of imprisonment with prison labor and three years of suspended execution) is too unhued and unfair.

2. The judgment of the court below was given that Defendant A used a deadly weapon, military swords to inflict injury on many victims, the victims suffered serious injury, and the Defendant concealed the above military swords after the crime of this case. However, there are circumstances to consider the motive and circumstance of the crime of this case in both cases. The defendant was sentenced to a fine of KRW 700,000 as a violation of the Punishment of Violence, etc. Act at the Seoul Northern District Court on December 28, 1999, in addition to the defendant's violation of the Act on the Punishment of Violences, etc., he did not have the same force on the part of the defendant. The defendant was led to confession and rebuttal of the crime of this case, other than the defendant's assertion of self-defense. The victim was compensated for damages to the victim most seriously suffered, the victims appears to have recovered from the damage now, and all of the victims were discharged to the United States (no evidence exists to acknowledge additional damage, such as ex post facto gift). However, the court below's allegation that the defendant's age, character and environment, motive, motive and circumstance of this case, etc.

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