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(영문) 대전지방법원 2014.08.27 2014노736

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced (one year and six months of imprisonment, two years of suspended execution, two years of probation, and 120 hours of community service) is too uneasible.

Judgment

As the Defendant was refused to make a proposal from the victim E, each of the crimes of this case is disadvantageous to the victim E, it is very poor that the Defendant inflicted an injury on the victim E, and that the victim F was inflicted an injury by exposing ice ice, which is dangerous to the victim F, and thereby causing an injury. The Defendant again commits the crime of this case during the period of suspension of execution due to the same crime of the same kind, and the Defendant committed another crime of this case during the period of suspension of execution, four times previous departments of the Defendant, and the investigation agency’s request for attendance was

However, in full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, in light of the following: (a) the victims and the victims do not want to be punished; (b) the victim’s injury is relatively minor; (c) the Defendant appears to have been faced with his/her mistake and punishment through confinement life for a period of two months; and (d) the Defendant seems to have not been subject to punishment; and (e) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime.

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.