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(영문) 춘천지방법원 강릉지원 2013.12.10 2013노418

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment and three years of suspended execution, community service order80 hours, confiscation) is too uneased and unreasonable.

2. The conclusion that the Defendant, who is in danger of the Defendant, left the head that can be kept clear from each item, and the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions, including the fact that the defendant deposited one million won for the recovery of the victim's damage, and the defendant repented his mistake later, the sentence of the court below cannot be deemed to be too unjustifiable.

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.