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(영문) 인천지방법원 2013.04.12 2012노3842

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two years of imprisonment and three years of suspended execution) is too unfasible and unreasonable.

2. In light of the following: (a) Each of the instant crimes committed by the Defendant, while carrying Japan, in which the Defendant did not obtain permission, destroyed the table, etc. owned by the victim E; (b) threatened the victim G; (c) furthermore, the injury was inflicted upon the victim G due to a minor disease; (d) the nature of the crime is bad; and (e) the Defendant has been punished six times due to the same crime; and (e) the Defendant has been punished several times, it is necessary to strictly punish the Defendant.

However, in full view of the fact that the defendant recognized each of the crimes of this case and against his mistake, the defendant appears to have committed the crime of damage and injury contingently, the defendant paid 2 million won to the victim G, 700,000 won to the victim E, and the victims did not punish the defendant, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happy family environment, and circumstances before and after the crime, the sentence of the court below against the defendant is too uneasible.

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.