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(영문) 광주지방법원 2015.09.08 2014노2678

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and eight hours of social service) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant, who was de facto in a de facto marital relationship, assaulted the victim D, who is his husband’s father’s father’s son, and inflicted a false injury to the scars’ quality; (b) the police officer and police officer who was urged to avoid leaving the Defendant at the police station and police box upon receiving a report of his desire and assaulted the Defendant; (c) disadvantageous factors such as the victim D’s punishment is not subject to punishment; (d) the Defendant agreed with the police officer at the trial; and (e) favorable factors such as the Defendant’s favorable sentencing factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) other factors that are the conditions for sentencing specified in the records and arguments of the instant case, including the following circumstances, and the scope of the recommended sentence of sentencing guidelines (at least six months of imprisonment), it cannot be deemed unfair that the lower court’

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.