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(영문) 서울동부지방법원 2016.01.14 2015노1430

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won in penalty) declared by the court below is excessively unfilled and unfair.

2. The determination of the Defendant’s act is an unfavorable circumstance to the Defendant, such as the fact that the Defendant’s act was highly likely to commit a crime, the fact that the attitude of serious reflectivity is insufficient, the fact that the Defendant did not agree with the victim and did not take any measures to recover the damage.

On the other hand, the fact that the defendant has no criminal record other than a fine once, the defendant seems to have no final intention at the time of committing the crime, and the victim's damage is relatively minor is favorable to the defendant.

In light of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the lower court’s sentence cannot be deemed to be unfair as it is too unfasible and unreasonable.

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

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