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(영문) 춘천지방법원 2013.05.29 2012노1016

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years of suspended execution in one year and six months, community service 40 hours) of the lower court’s sentence against the Defendant is deemed unreasonable.

2. The crime of this case was committed against the victim in light of the circumstance of the crime and the degree of injury, etc., in light of the fact that the defendant committed the crime of this case, which is a dangerous element of the defendant, and caused an injury in need of about 8 weeks to the victim by taking advantage of the victim's inner side and head side of the victim. However, the crime of this case was committed against the defendant by breaking his mistake in depth, and there was no record of punishment in excess of the fine, the defendant bears approximately 3 million medical expenses, and deposited about 10 million won for the victim. After the judgment of the court below, the decision of recommending reconciliation that the defendant shall pay one million won to the victim in the related civil procedure becomes final and conclusive, and accordingly, the defendant paid 1 million won to the victim on April 26, 2013, and the defendant's motive and circumstance leading to the crime of this case, and other circumstances that the defendant committed the crime of this case, and the defendant's environment, character, and behavior, etc. are considered as 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.