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(영문) 서울동부지방법원 2015.12.24 2015노1246

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year suspended sentence of imprisonment with prison labor sentenced by the lower court against the Defendant, and a one-year community service work is deemed to be too uneasible and unfair.

2. The Defendant’s judgment on the grounds of appeal is disadvantageous to the victim, such as bad quality of the crime, such as profesing a part of the victim’s shoulder due to his or her daily behavior and profes, due to a profescence.

However, in light of the following: (a) the Defendant led to the confession of a crime; (b) the Defendant did not have any previous conviction except for the punishment of a fine due to drinking driving; (c) the lower court deposited part of damages for the victim; and (d) paid the remainder of damages to the victim during the trial; and (c) upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the sentence imposed by the lower court against the Defendant is appropriate, and the amount of the

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