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(영문) 대전지방법원 2014.07.10 2013노3205

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months, a suspended sentence of three years, a probation, and a community service order) imposed by the court below is deemed unreasonable.

2. The crime of this case is deemed to be highly dangerous in the contents of the crime, because the victim, who was in an internal relationship with the defendant, did not take care of himself or herself, and had a great degree of risk of committing the crime. However, due to this case, the defendant seems to have been given an opportunity to reflect when living in custody for three months or more. The degree of injury of the victim is not relatively heavy, and detention of the defendant is likely to cause difficulty to his dependants. The court below deposited 2 million won for the victim and his family members for the period of suspension of execution to prevent recidivism. The defendant deposited 10 meters or less for the victim and his family members during the period of suspension of execution, and ordered probation as special matters for prohibition of communication such as access and telephone, etc., and the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances before and after the crime are considered to have been committed. Thus, the prosecutor's argument of the court below's sentencing is unreasonable in light of the following reasons.

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.