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(영문) 울산지방법원 2013.09.06 2013노531

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (two years of suspended sentence in one year and six months of imprisonment) is too uneased and unreasonable.

2. In light of the background and method of the instant crime, the crime is not good, and the Defendant committed repeatedly the instant crime even though he had the past record of having been punished more than 4 million won due to the violation of the Punishment of Violences, etc. Act, etc. However, the lower court’s determination that the Defendant deposited 4 million won for the victim and gave consent thereto to the victim when the Defendant was in the first instance trial, and the victim was placed in the judgment, and the suspension of qualification or more punishment was sought, the Defendant has no record of qualification suspension or more, the Defendant reflects his mistake, and all other sentencing conditions, such as the Defendant’s age, character and conduct, environment, and conditions after the commission of the instant crime. Thus, the Defendant’s assertion cannot be deemed unfair since the sentence imposed by the lower court is unjustifiable.

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.